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12 May 2011 / John Bramhall
Issue: 7465 / Categories: Features , Profession
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An uphill struggle

John Bramhall explores recent trends in investor claims against banks

Many investors in the prevailing economic conditions have considered whether they were treated fairly by the banks who years previously sold them products that have returned disastrous investment results.

The cases have certain common features. From the investor’s perspective, banks have been viewed as a provider of advice as to the risk involved in the product sold; investors relied on that advice and did not otherwise have an independent understanding of the markets into which they were investing.
Banks, however, rely on the clear contractual language, which often includes risk disclosure statements, which provide that they were not engaged to advise on the risks of products being sold, that investors agreed they were not acting in reliance on any representations of the bank and that investors confirmed they understood the nature of the markets into which they were investing.

Recent decisions of the English courts have consistently given primacy to the contractual language including risk disclosure statements. The two most interesting cases are Springwell Navigation Corporation v JP Morgan Chase Bank [2010] EWCA Civ

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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