Darby Properties Ltd & Anor v Lloyds Bank Plc

Darby Properties Ltd & Anor v Lloyds Bank Plc

Permission to adduce expert evidence on the suitability of the interest rate hedging products and the adequacy of information provided is refused because the issues are factual and can be determined without expert opinion. The evidence sought is not necessary or reasonably required under CPR 35.1.

Source-derived case information.

Parties
Claimant: Darby Properties Limited; Claimant: Darby Investments Limited; Defendant: Lloyds Bank PLC
Jurisdiction
England and Wales
Judgment Date
22 September 2016
Procedural Posture
Civil / Case Management Conference; Ruling on Admissibility of Expert Evidence
Outcome
Application for permission to adduce expert evidence refused
Legal Topics
Admissibility of Expert Evidence, Misrepresentation, Negligence, Breach of Contract, Interest Rate Hedging Products, Civil Procedure Rules Part 35
Contract Law Tort Law Banking Law Evidence Admissibility of Expert Evidence Misrepresentation Negligence Breach of Contract +2 more

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Parties

Darby Properties Limited

Claimant

Darby Investments Limited

Claimant

Lloyds Bank PLC

Defendant

Procedural Posture

Civil / Case Management Conference; Ruling on Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether expert evidence on suitability of interest rate hedging products and adequacy of information provided is admissible and reasonably required under CPR 35.1

Ratio Decidendi

Permission to adduce expert evidence on the suitability of the interest rate hedging products and the adequacy of information provided is refused because the issues are factual and can be determined without expert opinion. The evidence sought is not necessary or reasonably required under CPR 35.1.

Court Disposition

Application for permission to adduce expert evidence refused

Orders

  • No permission granted to adduce oral expert evidence in the field of Interest Rate Hedging Products on suitability, adequacy of information, or loss.