Mediation examples:

• a Commercial Court action involving interest rate callable swap and collar products involving issues of alleged negligent misstatement and negligent misrepresentation relating to risk recommendations, suitability etc;

• a dispute concerning a stepped interest rate swap raising issues around the ISDA Master Agreement to which it was subject, advisory duties etc;

• a multi-faceted claim concerning a requirement to hedge various loan facilities by way of interest rate hedging products involving allegations of negligent advice and recommendations, non-reliance clauses, disclaimers etc;

• claims arising out of a number of swaps allegedly mis-sold with issues concerning the proper categorisation of the customer (e.g. as a ‘sophisticated’ investor), basis clauses, applicability of various COBS rules and numerous other issues;

• a claim against a bank for negligent advice including breach of various COBS rules in connection with the purchase of a number of investment products and their suitability, and the monitoring of and eventual exit from those investments;

• claims arising out of the close-out of an options account, with discussion focusing on the requirement for and level of margin in relation to an uncovered call options and put options portfolio, and recoverability of damages for loss of investment trading opportunity under Parabola principles;