Kays Hotels Ltd (Trading As Claydon Country House Hotel) v Barclays Bank Plc

Kays Hotels Ltd (Trading As Claydon Country House Hotel) v Barclays Bank Plc

The application for summary judgment/strike out is dismissed because the claimant has a real prospect of establishing entitlement to rely on Section 14A of the Limitation Act 1980, and the issue of knowledge is fact-sensitive and unsuitable for summary determination.

Parties
Claimant: Kays Hotels Ltd (trading as Claydon Country House Hotel); Defendant: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
16 May 2014
Procedural Posture
Civil (commercial) / Application for Summary Judgment/strike Out
Outcome
Application dismissed
Legal Topics
Limitation of Actions, Mis Selling of Financial Products, Negligence, Summary Judgment, Suitability of Financial Products
Banking Law Contract Law Tort Law Financial Services Regulation Limitation of Actions Mis Selling of Financial Products Negligence Summary Judgment +1 more

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Parties

Kays Hotels Ltd (trading as Claydon Country House Hotel)

Claimant

Barclays Bank PLC

Defendant

Procedural Posture

Civil (commercial) / Application for Summary Judgment/strike Out

Legal Issues

  1. 1 Whether the claim for negligent mis-selling of an interest rate hedging product is time-barred under the Limitation Act 1980, Section 14A
  2. 2 Whether the claimant had the requisite knowledge to bring a claim more than three years before issuing proceedings
  3. 3 Whether the essence of the claim is suitability/mis-selling or merely advice about interest rate risk

Ratio Decidendi

The application for summary judgment/strike out is dismissed because the claimant has a real prospect of establishing entitlement to rely on Section 14A of the Limitation Act 1980, and the issue of knowledge is fact-sensitive and unsuitable for summary determination.

Court Disposition

Application dismissed

Orders

  • The defendant's application for summary judgment and/or strike out is dismissed.