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Banking Disputes Blog

How Much Can I Recover In Damages in a Professional Negligence Action

How Much Can I Recover In Damages in a Professional Negligence Action
In his  last blog , Jamie Apted provided an overview of the test to be applied when determining whether a professional was negligent. Later on this month, Jamie will be focussing on negligence claims against solicitors. This blog, on the other hand, will look at what actually needs to be established to recover the losses complained of. Can I recover all of the losses suffered? The short answer, annoyingly, is that it depends. It depends on what lawyers describe as “the remoteness and foreseeability” of those losses. Courts will only award losses that can be said to have been in the parties’ mind at the...
  1372 Hits
1372 Hits

What is the Latest on Swap Misselling? Settlement of the Crestsign Case Announced this Week.

What is the Latest on Swap Misselling? Settlement of the Crestsign Case Announced this Week.
Many of our blogs since 2012 have focussed on the tortuous path of claims for the misselling of Interest Rate Swap Agreements (IRSAs), also known as Interest Rate Swap Products (IRHPs) or hedges. See for example:  Is Your Swap Claim Time-Barred? Many clients had little choice but to participate in the FCA Review process, as their legal claims were time-barred, which meant they did not have the alternative option of court proceedings available as a possibility should their Review claim be unsuccessful. A number of customers were, however, able to raise protective proceedings, or enter into Standstill Agreements to keep their...
  1751 Hits
1751 Hits

How to Sue - What is Professional Negligence?

How to Sue - What is Professional Negligence?
This blog is the first of a ‘how to’ series explaing how to sue professionals for negligence. Each month will focus on a different aspect of professional negligence or category of professional. This month starts off by discussing:  What is Professional Negligence? What does Professional Negligence mean? Professional negligence is a breach of the duty of care between professionals and their clients.  Such a situation usually arises when a professional fails to live up to the professional standards required of them, resulting in their client suffering either damage or loss. Can you sue for Professional negligence? Yes. In Scotland, it is possible...
  2120 Hits
2120 Hits

The FSA Pilot Review - Expect the Unexpected


The FSA Pilot Review - Expect the Unexpected Posted on Feb 06, 2013 by  | 0 Comments When a new television show is tried out on the public it is called a pilot so the Financial Services Authority (FSA) thought since the banks are about to launch a review scheme of mis-selling of swaps to thousands of SMEs, it would be prudent to do a pilot too.   The FSA issued an eagerly awaited press release, paper, and flowchart last week on the findings of their pilot review scheme. The ‘pilot’ was a small sample of the more complex cases from each...
  1372 Hits
1372 Hits

Two Bites at the Cherry?


Two Bites at the Cherry? Posted on Feb 12, 2013 by Liina Tulk  | 0 Comments By Liina Tulk, INTRODUCTION The English High Court recently handed down a significant decision in  Clark and another v In Focus Asset Management & Tax Solutions Ltd which confirmed that the Financial Services and Markets Act 2000 (“FSMA”) did not preclude individuals and SMEs who have accepted a  Financial Ombudsman Service award of compensation (current maximum award is £150,000) from raising a Court action for the balance of their losses.  FOS AWARD The case concerned a complaint by individuals, Mr & Mrs Clark (“the Clarks”),...
  1358 Hits
1358 Hits

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