Tag: duty of care
Showing 142 out of 142 results
Thornbridge Limited v Barclays Bank: Confirmation of the court's current approach to IRHP mis-selling claims is good news for financial institutions
The latest in a recent line of judgments on interest rate hedging product ("IRHP") mis-selling, Thornbridge Limited v Barclays Bank plc [2015] …
Edward Astle v CBRE: Application of the SAAMCO principle to negligent valuations in information memoranda
The recent case of Edward Astle & Ors v CBRE Ltd (and related actions) [2015] EWHC 3189 (Ch) considers South Australia Asset …
Sharp & Ors v Blank & Ors: Directors' duties owed to company not shareholders when seeking shareholder approval for transaction
FCA past business reviews: what duties, if any, do financial institutions owe directly to customers? High Court finds no contractual obligations, but tortious duties are arguable
The recent and somewhat surprising decision of the High Court in Suremime Limited v Barclays Bank plc [2015] EWHC 2277 (QB) is important …
Bank exercising a right of forced sale did not have a duty to obtain the best price reasonably obtainable
(1) Rosserlane Consultants Ltd, (2) Swinbrook Developments Ltd v Credit Suisse International [2015] EWHC 384 (Ch) The High Court has found that a Bank …
Liability of credit rating agencies confirmed by Australian Appeal Court
The Full Federal Court in Australia has confirmed that, as a matter of Australian common law, a rating agency owes a duty of care to investors in a rated …
Appeal relating to alleged mis-selling of interest rate swaps dismissed: Green and Rowley v RBS
Green & Rowley v Royal Bank of Scotland plc [2013] EWCA Civ 1197 The Court of Appeal has handed down its decision …
Interest rate hedging product claims – the current landscape
1. The FSA review In 2012, the Financial Services Authority (FSA) announced the findings of its review into interest rate hedging products (IRHPs) …
Structured credit products – key Australian decisions
In late 2012, the Federal Court of Australia handed down first instance judgments in two interesting cases involving claims brought by the purchasers of …
Clearing brokers' duties when exercising close out powers
In the current economic climate, brokers will find the decision of the High Court (UK) in Euroption of considerable interest, since it …