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