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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
The long awaited Court of Appeal judgment was handed down in the test case of PAG v RBS in early March. We have previously commented on this extensive litigation and a link to our detailed blog following the High Court judgment can be found here.
Shortly before Christmas, the High Court handed down a comprehensive 187 page judgment in Property Alliance Group Ltd v The Royal Bank of Scotland PLC. The court found in favour of RBS on all three claims brought by Property Alliance Group Ltd (PAG).
On 21 October 2015, the Supreme Court handed down its decision in JSC BTA Bank v Mukhtar Ablyazov and Others [2015] UKSC 64. The judgment adds to the ever expanding volume of case law generated by this long running litigation, in this instance giving clarity to when loans become assets within the meaning of a freezing order.
In the aftermath of the credit crunch, many commentators speculated as to whether any banks or credit agencies could be held responsible for the nosedive in the economy. Some sought to argue that traders who sold mortgaged-backed securities, a type of collateralised debt obligation, to investors could be held liable in civil law through the tort of deceit or fraudulent misrepresentation, and, in turn, the banks could be held vicariously liable.
In the case of Kays Hotels Ltd v Barclays Bank PLC the High Court refused an application to strike out the claim for the negligent mis-selling of an interest rate hedging product on the grounds that it was time-barred as, despite making substantial repayments, the customer had not acquired the requisite knowledge of any claim.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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