Susanne Muth

Practice overview

Before being called to the Bar Susanne worked for several years on the swaps sales desk of a major Japanese investment bank and subsequently looked after the money market, investment and hedging requirements of corporate and high net worth clients for Sal Oppenheim & Cie in Cologne and Frankfurt

She is passionately interested in the detail of her case and favours a hands-on approach with a focus on taking the right strategic and tactical decisions along the way to a successful outcome for her client.

Susanne is a lawyer with a strong sense and understanding of the commercial, reputational and personal priorities of her clients, and these matters always complement and inform her legal advice.

Legal 500

“A determined and hardworking operator” (2018)

“Extremely bright, straight-talking and very good with clients” (2017)

“Tenacious, thorough, approachable and strong in court” (2016)

“Very thorough with papers, and drafts excellent statements of case” (2015)

“Commended for her engagement with clients” (2013)

“Her written work is of the highest quality” (2012)

Clerk details

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Banking and Finance

Susanne’s focus has been, from the beginning, on banking, financial services and professional negligence cases, the latter mainly with a financial flavour (IFAs, accountants, solicitors). In recent years she has developed a particular expertise in financial services regulation. She represents claimants against banks and professional advisers and has acted for and against IFAs in disputes with their financial services networks up to the Court of Appeal. She regularly acts on instructions from a major high street bank.

Commercial Litigation

Susanne is an experienced and well regarded litigator of general contractual and commercial disputes, claims involving business disposals, share purchase agreements and breaches of warranty, partnership disputes, civil fraud actions, insurance cases and economic torts.

Professional Negligence

Susanne frequently acts for clients in claims against professional practitioners, particularly solicitors and financial advisers.

Her cases cover a wide factual spectrum and have included the following:-

  • a claim against solicitors in relation to loss resulting from the negligent drafting of a share purchase agreement in the acquisition of an incorporated dental practice;
  • a claim against a bank for negligence (including ICOB breaches) when advising on and failing to arrange life insurance cover for its customer;
  • a claim against solicitors for negligence in the conduct of a swap mis-selling claim causing loss of the clients’ opportunity to litigate their consequential losses against the bank;
  • defending a firm of mortgage advisers against a claim asserting negligent advice and MCOB breaches.

Mediation

Susanne qualified under the CEDR programme in 2005 and has been appointed as a mediator in all kinds of commercial dispute.

Although by its very nature mediation is an informal and voluntary process, Susanne’s experience has shown that it requires structure and a well thought out and individualised approach — tailored to the requirements of each case — to maximise the likelihood of a settlement. Thorough preparation prior to the mediation appointment, building a cooperative and empathetic relationship with the parties and not shying away from vigorous reality testing of the parties’ positions on the day are the tools that Susanne brings to bear in her practice as a mediator.

She also appears as a mediation advocate in all of her practice areas, often in high value, complex or hard fought cases. She is well known for her incisive written mediation advocacy (Position Statement) which she supplements with an ability to build bridges on the day and fashion a settlement for her client.

Qualifications

LLB (Hons) Lancaster University
LLM International and Commercial Law Sheffield University

Languages

Bi-lingual in German and accepts instructions in German.

Practice overview

Before being called to the Bar Susanne worked for several years on the swaps sales desk of a major Japanese investment bank and subsequently looked after the money market, investment and hedging requirements of corporate and high net worth clients for Sal Oppenheim & Cie in Cologne and Frankfurt

She is passionately interested in the detail of her case and favours a hands-on approach with a focus on taking the right strategic and tactical decisions along the way to a successful outcome for her client.

Susanne is a lawyer with a strong sense and understanding of the commercial, reputational and personal priorities of her clients, and these matters always complement and inform her legal advice.

Legal 500

“A determined and hardworking operator” (2018)

“Extremely bright, straight-talking and very good with clients” (2017)

“Tenacious, thorough, approachable and strong in court” (2016)

“Very thorough with papers, and drafts excellent statements of case” (2015)

“Commended for her engagement with clients” (2013)

“Her written work is of the highest quality” (2012)

Clerk details

clerks@forumchambers.com
020 3735 8070

Banking and Finance

Susanne’s focus has been, from the beginning, on banking, financial services and professional negligence cases, the latter mainly with a financial flavour (IFAs, accountants, solicitors). In recent years she has developed a particular expertise in financial services regulation. She represents claimants against banks and professional advisers and has acted for and against IFAs in disputes with their financial services networks up to the Court of Appeal. She regularly acts on instructions from a major high street bank.

Commercial Litigation

Susanne is an experienced and well regarded litigator of general contractual and commercial disputes, claims involving business disposals, share purchase agreements and breaches of warranty, partnership disputes, civil fraud actions, insurance cases and economic torts.

Professional Negligence

Susanne frequently acts for clients in claims against professional practitioners, particularly solicitors and financial advisers.

Her cases cover a wide factual spectrum and have included the following:-

  • a claim against solicitors in relation to loss resulting from the negligent drafting of a share purchase agreement in the acquisition of an incorporated dental practice;
  • a claim against a bank for negligence (including ICOB breaches) when advising on and failing to arrange life insurance cover for its customer;
  • a claim against solicitors for negligence in the conduct of a swap mis-selling claim causing loss of the clients’ opportunity to litigate their consequential losses against the bank;
  • defending a firm of mortgage advisers against a claim asserting negligent advice and MCOB breaches.

Mediation

Susanne qualified under the CEDR programme in 2005 and has been appointed as a mediator in all kinds of commercial dispute.

Although by its very nature mediation is an informal and voluntary process, Susanne’s experience has shown that it requires structure and a well thought out and individualised approach — tailored to the requirements of each case — to maximise the likelihood of a settlement. Thorough preparation prior to the mediation appointment, building a cooperative and empathetic relationship with the parties and not shying away from vigorous reality testing of the parties’ positions on the day are the tools that Susanne brings to bear in her practice as a mediator.

She also appears as a mediation advocate in all of her practice areas, often in high value, complex or hard fought cases. She is well known for her incisive written mediation advocacy (Position Statement) which she supplements with an ability to build bridges on the day and fashion a settlement for her client.

Recommendations

Susanne has been listed in the Legal 500 directory since 2008. Recent entries describe her as:

“A determined and hardworking operator” (2018)

“Extremely bright, straight-talking and very good with clients” (2017)

“Tenacious, thorough, approachable and strong in court” (2016)

“Very thorough with papers, and drafts excellent statements of case” (2015)

“Commended for her engagement with clients” (2013)

“Her written work is of the highest quality” (2012)

Qualifications

  • LLB (Hons) Lancaster University
  • LLM International and Commercial Law Sheffield University

Languages

Bi-lingual in German and accepts instructions in German.

  • Recent and ongoing cases
    A determined and hardworking operator Legal 500, 2018
    • Currently drafting and acting in several GRG complaints, appeals within the GRG Review and legal actions
    • Advising in mis-sold pension claims: defined benefit transfers, claims against IFAs and claims against SIPP operators
    • Advised mortgage audit company on available common law and MCOB arguments against lenders
    • Advising and acting for peer to peer lenders: debt recovery, investors’ regulatory claims and FCA supervisory
    • Acted for former approved person contracted to appointed representative of claimant financial services network, defending a substantial claim for recovery of insurance excesses. Settled on favourable terms
    • Acting in professional negligence/ loss of chance claim against national firm of solicitors involving client’s lost opportunity to sue major High Street bank for consequential losses caused by mis-sold interest rate hedging products: value £4-8million.
    • Acted in interest rate hedging product mis-selling claim and added a s.140A Consumer Credit Act (unfair relationship) claim for debt write off and security release. Case settled on favourable terms including substantial debt write off by lender.
    • Defending possession claim by assignee of the original lender in relation to a £1.75m loan by asserting a s.140A Consumer Credit Act (unfair relationship)
    • Successfully deployed s.140A Consumer Credit (unfair relationship) defence in directors’ personal guarantee claim, resulting in a settlement and substantial debt write off by lender
    • Acting for family firm in restitutionary claim for monies abstracted by former employee: value £2million
    • Advised in a claim against Coutts for mis-sold Novus and DIMA investments.
    • Appeared in a 4 day High Court trial in 2017 defending claim for enforcement of compulsory purchase of defendant’s shares pursuant to terms of shareholders’ agreement and expert valuation. Case settled after submissions on favourable terms
    • Acted in several high value interest rate hedging mis-selling and Libor fixing claims, all settled on favourable terms. Acted in Elite Property Holdings v Barclays [2016] EWHC 3294 (QB) and acted as junior drafting particulars of claim and detailed annexes in London Executive Aviation v RBS [2017] EWHC 1516 (HC).
    • Appeared for claimant in 5 day High Court trial in 2015 involving professional negligence and ICOBS breaches against bank’s insurance advisers in context of providing life insurance (which failed) for claimant’s loan exposure
    • Appeared for claimant in 8 day trial between erstwhile joint venturers. Defeated substantial counterclaim alleging variety of economic torts: Miller v Stonier [2015] EWHC 2796 (Ch).
    • Appeared in High Court and Court of Appeal for financial services networks against former appointed representatives (AR): AXA Sun Life Services Plc v Campbell Martin Ltd (and 4 others) [2011] EWCA Civ 133; Thinc Group Ltd v (1) Helen Armstrong (2) Ashley Armstrong [2011] EWHC 3152; Thinc Group Ltd v (1) Helen Armstrong (2) Ashley Armstrong [2012] EWCA Civ 1227; Thinc Group Ltd v Jeremy Kingdom [2013] EWCA Civ 1303
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