Key Facts
- •Claimant lost £1,863,383.61 spread betting on WTI oil futures through the Defendant's online platform.
- •Claimant argued breach of contract and statutory duty (COBS) by FXCM.
- •Alleged breaches included inadequate appropriateness assessment, failure to confirm expiry dates, and failure to warn about negative oil prices.
- •Claimant had significant prior trading experience and financial success.
- •FXCM is regulated by the FCA and subject to COBS rules.
- •The relevant period was marked by high volatility due to the COVID-19 pandemic.
- •Expert evidence was presented by both sides, with differing interpretations of COBS requirements.
Legal Principles
Firms must act honestly, fairly, and professionally in clients' best interests.
COBS 2.1.1R(1)
Firms must assess appropriateness of products/services based on client's knowledge and experience.
COBS 10A.2.1R, 10A.2.3EU, 10A.2.4EU, 10A.2.6EU, 10A.2.8G, 10A.3.1R, 10A.3.3G
Firms must provide essential information about order execution in a durable medium.
COBS 16A.3.1EU, 16A.3.2G
Breach of FCA rules may be actionable by private persons who suffer loss.
FSMA Section 138D
Outcomes
Claim dismissed.
FXCM's appropriateness assessment, though not perfect, was adequate given the claimant's extensive trading experience. The expiry date information, while presented in a potentially confusing way on a webpage, was clear in the contractually binding documents. The closure of positions at negative prices was justified under FXCM's terms of business given the exceptional market circumstances.