header-logo header-logo

A consequential loss

12 September 2013 / Charles Lazarevic
Issue: 7575 / Categories: Features , Expert Witness , Profession
printer mail-detail

Could mis-selling in the derivatives market be the PPI equivalent for small businesses? Charles Lazarevic reports

Recently it has been suggested that the banks face claims in excess of £10bn as a result of the alleged mis-selling of complex interest rate derivatives. I have dealt with several cases where the consequences of these “swap” charges have been devastating on the business, with significant losses to the business-owners in some cases.

How has this situation arisen?

The Financial Conduct Authority (FCA), previously the Financial Services Authority, has conducted a review into the interest rate hedging products banks sold to businesses as a means of managing fluctuations in interest rates, also known as interest rate swap agreements (IRSAs). In the review, the FCA identified four broad categories of IRSAs sold: swaps, caps, collars, and “structured collars”. Some of the more complex products, particularly structured collars, speculated on interest rates and resulted in customers paying much more when the interest base rate fell below an agreed level, for no apparent benefit to the business. The FCA decided

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll