Ben specialises in advising banks and other financial institutions on a wide range of contentious matters including contentious financial services regulatory issues.
Ben's areas of expertise include mis-selling claims (in relation to a wide variety of investment products including derivatives and structured products), fraud claims, banking confidentiality, limitation issues and contractual disputes.
Ben has extensive commercial litigation experience and helps financial services clients with a range of regulatory and compliance matters including investigations and complaints handling as well as governance, conduct of business issues and skilled persons' reviews.
Recent matters include advising on large scale remediation programmes, including devising, implementing and conducting reviews of past business, swap mis-selling litigation and key roles for a global investment bank in relation to the cross-border FX investigations.
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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