Revisiting the Power of Contractual Estoppel in Mis-selling of Complex Financial instruments

November 24, 2015 1:30pm

Richard Coleman QC

Fountain Court Chambers

  • The banks’ duty of care in giving advice, how is this applied?
  • Application of the principle of contractual estoppel: implications of two recent significant cases:
    • Crestsign Limited vs. NatWest and RBS
    • Creditsuisse International vs. Stichting Vestia
  • Developing the concept of “mezzanine” duty between the duty to advise and the duty not to misstate: will this open a new route for establishing actionable misinterpretations for counterparties?
  • Challenges with establishing actionable misrepresentations by claimants
  • What should banks be doing to incorporate the latest arguments into their litigation defence strategies?