In cases concerning the alleged mis-selling of derivatives by major banks to SMEs and individuals, the High Court has (despite routine opposition from defendant banks) permitted the parties to adduce expert evidence on issues such as the suitability and pricing of particular derivatives, the adequacy of pre-sale information about derivatives, and the standards of reasonably competent persons in the sale of derivatives in order to assist the court with resolving those proceedings at trial.

However, a recent High Court decision has given hope to defendant banks of being able to mount greater resistance to the involvement of expert evidence.

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