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ARTICLE · 18 MARCH 2012

ADRIAN RUBENSTEIN v HSBC BANK PIC [2011] EWHC 2304 (QB)

The Court found that the entirety of the lender's loss in the fall of the market was caused by the valuer's negligence.

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FACTS

In this case, heard before the High Court of England and Wales, the claimant alleged that, in and prior to September 2005, he had been wrongly advised by the defendant bank to invest £1.25 million into a fund known as the Enhanced Variable Rate Fund (EVRF), part of an investment product known as the Premier Access Bond (PAB). The PAB was issued by AIG Life, which was part of a wholly-owned subsidiary of the American International Group (AIG).

The claimant's investment in the EVRF continued until September 2008. This was the time when the financial position of Lehman Brothers (which had earlier in the year reported huge losses arising from the United States subprime mortgage market crisis), became untenable and clients and shareholders of Lehman Brothers withdrew their money. Other major financial institutions in the United States were coming under similar pressure, including AIG. As stated by The Honourable Mr Justice Jonathan Parker :

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