Since 2015, the courts have grappled with the claimant argument that financial institutions owe duties of care in tort directly to their customers in connection with their conduct of the past business review of interest rate hedging product sales announced by the Financial Conduct Authority (FCA), then the Financial Services Authority (FSA) in 2012 (the Review). A number of contradictory High Court decisions followed. This Practice Note discusses the 2017 Court of Appeal decisions which clarified—in three conjoined appeals—that such claimants have little prospect of bringing such claims against the banks conducting that Review.
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