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In most commercial litigation there will be an issue as to what a contract means. So the interpretation or construction of contracts is a subject that preoccupies clients, their lawyers and the courts. The legal rules on the interpretation of contracts are relatively well settled, but it is a subtle art in which judicial mood […]

This case concerns the ability of the FCA to police the review process that it set up with so many banks in relation to the sale of interest rate hedging products (IRHPs). The decision suggests that the FCA (through the Financial Ombudsman) has no jurisdiction to consider what happened during the banks’ reviews. It will […]

In March 2017 the High Court considered the extent of the duty of care which a bank owes to a retail customer to whom commercial borrowing facilities had been extended. The transaction in this case involved switching borrowing from a variable rate to a fixed rate for a term of 10 years. The claim against […]