Archive for the 'Investment' Category

Woman Signing Contract

Van Zuylen v Whiston-Dew & Anor

Posted on January 25th, 2022 · Posted in Expert Witness, Fraud, Investment, Lending

This case highlights the level of protection afforded by the law in financial transactions, even when the victim, Van Zuylen, may seem unduly naive and trusting. The Defendant, Whiston-Drew, is.. read more

Tree canopy with Sun

FCA v Avacade Ltd and others

Posted on October 18th, 2021 · Posted in Expert Witness, Financial Litigation, Investment

Avacade was an unregulated company offering advice on the transfer of final salary pensions into SIPPs. This was found to require supervision by FCA.…

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BDW Trading v Integral Geotechnique (Wales) Ltd

Posted on December 16th, 2020 · Posted in Expert Witness, Investment, Lending, Property

This case illustrates the pitfalls of relying on a surveyors report when there is no contractual relationship between the parties and no duty of care can be found. Bridgend County.. read more

David Rocker v Full Circle Asset Management

Posted on December 22nd, 2017 · Posted in Expert Witness, Financial Litigation, Investment, Structured Products

David Rocker, now aged 72 and retired, had had a long and successful business and legal career holding senior and board level positions in several well-known companies. Previous to his.. read more

Banque Cantonale de Genève v Sanomi

Posted on July 16th, 2017 · Posted in Financial Litigation, Investment

When a promissory note is not executed as a deed, can the claimant bank rely on forbearance as adequate consideration? In a recent judgment in Banque Cantonale de Genève v.. read more

Bradley Willcox et al v. Lloyds TSB (US case, Honolulu, Hawaii.)

Posted on June 20th, 2017 · Posted in Expert Witness, Financial Litigation, Investment, Property

US Litigation focuses on consumer rights in complex loans Willcox v Lloyds had some similarities with the previous case in Northern California of Dugan v Lloyds TSB. This time a.. read more

Darby Properties Ltd v Lloyds Bank plc

Is expert evidence needed in Interest Rate Hedging Product (‘IRHP‘) mis-selling disputes? To replace existing IRHPs the claimant company entered into a number of new such products with Lloyds, some.. read more

Fondazione Enasarco v Lehman Bros Finance SA

Posted on March 13th, 2017 · Posted in Expert Witness, Financial Litigation, Investment

This judgement is important for participants in the structured products and derivatives markets and involves calculation of loss under the 1992 ISDA Master Agreement (the ’Agreement’). The Claimant, an Italian.. read more

Mr Carlyle v Bank of Scotland (Scottish Case and Supreme Court)

Posted on February 20th, 2017 · Posted in Financial Litigation, Investment, Property

This case concerned a property developer and a bank, and a loan to fund not just the purchase of a plot of land, but the building of a new house.. read more

Barnett Waddingham Trustees v RBS.

This case, decided in the Chancery Division of the High Court, centres on the question of whether an internal swap can be classed as a “funding transaction” for the purposes.. read more