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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
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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