Our Dispute Resolution group has wide experience of handling claims for and against funds. Our specialist team also understand the regulatory context in which our clients operate and recognise the importance of finding commercial solutions.
Since the economic downturn there has been a marked increase in claims brought by investors based upon allegations of breach of mandate and/or investment policy, mis-selling of packaged products, negligence in portfolio selection and misrepresentation.
Relevant experience includes:
- Defending a leading fund manager against a claim in negligence by a split capital investment company for substantial damages in connection with advice given on flotation and management of the income portfolio after flotation. The case involved important issues regarding the disclosure of FSA investigation documents to civil claimants that were considered by the Court of Appeal
- Defending a Commercial Court action by a Private Equity Fund over rights in an Option Agreement over shares acquired by an investment vehicle in the context of a contested takeover
- Defending a leading fund manager in its defence of claims concerning alleged mis-selling and failure to advise on investment risk
- Settling a dispute for a major asset manager concerning negligent advice allegedly relied on by a sophisticated investor when restructuring its shareholding in various investment funds
- Advising investors in relation to the potential negligence of a fund manager over investment strategies in the current economic climate
- Advising fund managers over potential liabilities in relation to falling valuations and potential breaches of banking covenants
- Settling claims for a hedge fund against a major European bank arising from alleged misrepresentations concerning the pricing of various CDOs
- Assisting an asset manager to defend its corporate reputation and protect its rights to privacy under attack from the press and broadcast media
- Advising a large fund manager on potential claims and regulatory issues arising out of the pricing of its unit trusts
- Advising asset managers in relation to corporate reputation and risk issues, including privacy, breach of confidence, defamation, malicious falsehood, and press and broadcast issues