Articles & Commentary
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24
Sep
2013
2013
Adventurous Investments, Banks Duty of Care and Gross Negligence - Camerata Property Inc v Credit Suisse Securities (Europe) Ltd
In this article, Andrew Bowen QC looks at the decision of Andrew Smith J in the commercial court case of Camerata Property Inc v Credit Suisse Securities (Europe) Ltd [2011] B.C.L.C. 54.
The case concerned investment advice given at the time of the banking crisis precipitated by the collapse of Lehman Bros in autumn 2009. It raised issues of the duties owed by an investment bank to a customer, the interpretation of the parties contract and whether exclusion clauses satisfied the Unfair Contract Terms Act 1977 (UCTA), causation and the importance of expert evidence. Although factually highly complex, it provides useful guidance on the realities of the construction of commercial agreements.
This article was first published in Greens Business Law Bulletin, Issue 121 (published December 2012) and is reproduced here with the kind permission of W. Green, The Law Publishers.