Thomas and another v Triodos Bank NV

Bank – Banker/client relationship. The Queen's Bench Division held that in a commercial borrowing transaction, which involved the claimant customers switching their borrowing from a variable rate to a fixed rate for a term of ten years, the defendant bank had been liable in misrepresentation in respect of redemption penalties liable upon making the switch, and for breach of its information duty in not clearly explaining how relevant clauses of their loan agreements would operate in the event of early repayment. Accordingly, the claimants were entitled to compensation in respect of the same, with quantum to be determined on a later date.

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