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.

She has contributed to Butterworths Journal of International Banking and Financial Law.

Legal 500

“She is a formidable Counsel who you would want on your side.  Susanne understands complex issues quickly and is able to present them to the Court in a manner that gets the judge on board ” (2021)

“Susanne is formidable, was straight to the point, got straight to the heart of the issue – and wasn’t interested in pursuing arguments without merit” (2021)

“A strong advocate who gets the court on side” (2020)

“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

 

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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 Peer 2 Peer lender.

Susanne’s recent banking and finance cases have included:

  • Acted for national residential landlord in substantial guarantee case Settled on favourable terms after mediation.
  • Acted/acting in Global Restructuring Group (GRG) complaints against Royal Bank of Scotland including appeals within the GRG Review and legal proceedings seeking compensation for losses suffered in GRG
  • Acted as expert on English banking law issues in Scottish proceedings
  • Advised and acted in mis-sold pension claims: defined benefit transfers, claims against IFAs and SIPP operators
  • Advised mortgage audit company on common law and MCOB arguments against mortgage lenders in proposed overcharging claims
  • Advised and acted for individual borrowers and guarantors defending possession and bankruptcy claims brought by Promontoria companies
  • Advised and acted (and continuing to act) in several interest rate hedging product mis-selling claims (Elite Property Holdings v Barclays Bank [2016] EWHC 3294 (QB), London Executive Aviation v Royal Bank of Scotland [2017] EWHC 1516)
  • Acting in substantial loss of chance case based on the loss of the opportunity to litigate a consequential losses swaps claim
  • Acting for defendants in several high value guarantee actions
  • Acting for director sureties in defending guarantee claims
  • Advancing unfair relationship defences (s.140A Consumer Credit Act) against lenders in debt collection actions
  • Advising and acting for major Peer 2 Peer lender in regulatory matters and guarantee actions

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.

  • Acting for minority shareholders in a number of hard fought quasi partnership disputes and resisting attempts to remove directors from the board of quasi partnership companies
  • Advised claims company in relation to Packaged Bank Accounts (PBA) mis-selling covering limitation, ICOBS breaches and available common law causes of action, assisting with developing triage system for identifying “good prospect” cases and drafting precedent complaints letters
  •  Advising, drafting and acting in franchisee’s misrepresentation and breach of duty claim against a national gym franchisor
  • Defending a claim for fraud and breach of restrictive covenants by international plumbing company against competitor business
  • Acting for defendant in declaratory and restitutionary proceedings in relation to monies paid on a property and business sale that did not proceed and a failed joint venture
  • Acting for a vulnerable claimant to recovery assets taken from her by undue influence and other economic torts in collaboration with a City firm under the Bar/Law Society joint pro bono scheme

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.

She has contributed to Butterworths Journal of International Banking and Financial Law.

Legal 500

“She is a formidable Counsel who you would want on your side.  Susanne understands complex issues quickly and is able to present them to the Court in a manner that gets the judge on board ” (2021)

“Susanne is formidable, was straight to the point, got straight to the heart of the issue – and wasn’t interested in pursuing arguments without merit” (2021)

“A strong advocate who gets the court on side” (2020)

“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 Peer 2 Peer lender.

Susanne’s recent banking and finance cases have included:

  • Acted for national residential landlord in substantial guarantee case Settled on favourable terms after mediation.
  • Acted/acting in Global Restructuring Group (GRG) complaints against Royal Bank of Scotland including appeals within the GRG Review and legal proceedings seeking compensation for losses suffered in GRG
  • Acted as expert on English banking law issues in Scottish proceedings
  • Advised and acted in mis-sold pension claims: defined benefit transfers, claims against IFAs and SIPP operators
  • Advised mortgage audit company on common law and MCOB arguments against mortgage lenders in proposed overcharging claims
  • Advised and acted for individual borrowers and guarantors defending possession and bankruptcy claims brought by Promontoria companies
  • Advised and acted (and continuing to act) in several interest rate hedging product mis-selling claims (Elite Property Holdings v Barclays Bank [2016] EWHC 3294 (QB), London Executive Aviation v Royal Bank of Scotland [2017] EWHC 1516)
  • Acting in substantial loss of chance case based on the loss of the opportunity to litigate a consequential losses swaps claim
  • Acting for defendants in several high value guarantee actions
  • Acting for director sureties in defending guarantee claims
  • Advancing unfair relationship defences (s.140A Consumer Credit Act) against lenders in debt collection actions
  • Advising and acting for major Peer 2 Peer lender in regulatory matters and guarantee actions

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.

  • Acting for minority shareholders in a number of hard fought quasi partnership disputes and resisting attempts to remove directors from the board of quasi partnership companies
  • Advised claims company in relation to Packaged Bank Accounts (PBA) mis-selling covering limitation, ICOBS breaches and available common law causes of action, assisting with developing triage system for identifying “good prospect” cases and drafting precedent complaints letters
  •  Advising, drafting and acting in franchisee’s misrepresentation and breach of duty claim against a national gym franchisor
  • Defending a claim for fraud and breach of restrictive covenants by international plumbing company against competitor business
  • Acting for defendant in declaratory and restitutionary proceedings in relation to monies paid on a property and business sale that did not proceed and a failed joint venture
  • Acting for a vulnerable claimant to recovery assets taken from her by undue influence and other economic torts in collaboration with a City firm under the Bar/Law Society joint pro bono scheme

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 strong advocate who gets the court on side” (2020)

“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.

  • A strong advocate who gets the court on side Legal 500, 2020
  • A strong advocate who gets the court on side Legal 500, 2020
  • Recent and ongoing cases
    A strong advocate who gets the court on side Legal 500, 2020
    • Acting for minority shareholders in a number of hard fought quasi partnership disputes and resisting attempts to remove directors from the board of quasi partnership companies
    • Advised claims company in relation to Packaged Bank Accounts (PBA) mis-selling covering limitation, ICOBS breaches and available common law causes of action, assisting with developing triage system for identifying “good prospect” cases and drafting precedent complaints letters
    • Acting for director sureties in defending guarantee claims
    • Acted for national residential landlord in substantial guarantee case Settled on favourable terms after mediation.
    • Acting for defendant in declaratory and restitutionary proceedings in relation to monies paid on a property and business sale that did not proceed and a failed joint venture
    • Acting for a vulnerable claimant to recovery assets taken from her by undue influence and other economic torts in collaboration with a City firm under the Bar/Law Society joint pro bono scheme
    • Acted/acting in Global Restructuring Group (GRG) complaints against Royal Bank of Scotland including appeals within the GRG Review and legal proceedings seeking compensation for losses suffered in GRG
    • Acted as expert on English banking law issues in Scottish proceedings
    • Advised and acted in mis-sold pension claims: defined benefit transfers, claims against IFAs and SIPP operators
    • Advised mortgage audit company on common law and MCOB arguments against mortgage lenders in proposed overcharging claims
    • Advised and acted for individual borrowers and guarantors defending possession and bankruptcy claims brought by Promontoria companies
    • Advised and acted (and continuing to act) in several interest rate hedging product mis-selling claims (Elite Property Holdings v Barclays Bank [2016] EWHC 3294 (QB), London Executive Aviation v Royal Bank of Scotland [2017] EWHC 1516)
    • Acting in substantial loss of chance case based on the loss of the opportunity to litigate a consequential losses swaps claim
    • Acting for defendants in several high value guarantee actions
    • Advancing unfair relationship defences (s.140A Consumer Credit Act) against lenders in substantial debt collection actions
    • Advising and acting for major Peer 2 Peer lender
    • Acting for family firm in restitutionary claim for recovery of substantial monies abstracted by former employee
    • Acted for defendant in shareholders’ dispute in the High Court in 2017: case settled after submissions on favourable terms
    • Miller v Stonier [2015] EWHC 2796 (Ch): joint venture agreement and economic torts
    • Advised and acted for financial services networks: AXA Sun Life Services v Campbell Martin Ltd (and others) [2011] EWCA Civ 133; Thinc Group v Armstrong [2011] EWHC 3152 and [2012] EWCA Civ 1227; Thinc Group v Kingdom [2013] EWCA Civ 1303
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