Elite Property Holdings Ltd v Barclays Bank plc

Subject Matter

FINANCIAL SERVICES — Redress — Hedging products — Claimant companies entering into interest rate hedging products with bank — Bank agreeing with Financial Conduct Authority to review its sale of hedging products under agreement expressly excluding third party rights and to offer appropriate redress to customers — Bank offering limited redress to claimants for consequential loss — Claimants commencing proceedings against bank and subsequently seeking to amend pleadings to include claim of breach of contractual duty to investigate consequential loss — Whether bank carrying out review of sale of hedging products as required by Financial Conduct Authority owing contractual duty to customer in relation to conduct of review

[2018] EWCA Civ 1688; [2019] Bus LR 129; [2018] 2 BCLC 460; [2018] WLR (D) 464, CA

Appellate History

Elite Property Holdings Ltd v Barclays Bank plc [2016] EWHC 3294 (QB), QBD

Decision of Judge Bird sitting as a judge of the Queen’s Bench Division affirmed

Elite Property Holdings Ltd v Barclays Bank plc [2018] EWCA Civ 1688; [2019] Bus LR 129; [2018] 2 BCLC 460; [2018] WLR (D) 464, CA

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