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High Court slams Dentons and RBS for “cavalier” attitude to disclosure

The High Court criticised Dentons and RBS for a “cavalier” attitude toward disclosure in litigation, specifically failing to comply with a court order to produce around 25 million relevant documents related to LIBOR misconduct allegations. Proper disclosure is vital to ensure fairness in litigation, but RBS has a history of inadequate disclosure, including being found to have deliberately withheld documents in previous cases. This pattern raises serious concerns about RBS’s litigation culture and compliance with court rules.

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RBS settles mis-sold swaps litigation (Westgate Healthcare Ltd v Royal Bank of Scotland Plc)

Westgate Healthcare settled a legal dispute with RBS for £10m, involving alleged misrepresentation and breach of contract regarding an interest rate swap. Deemed too sophisticated for FCA’s compensation scheme, Westgate’s claim, initiated in April 2014, led to a settlement with RBS, who imposed confidentiality and accepted no liability.

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Statement by Coin Group re Litigation Settlement with Lloyds Bank Plc

Lloyds Bank, a leading UK financial institution, has been involved in a significant litigation settlement regarding the mis-selling of interest rate hedging products (IRHPs) to The Coin Group, a care home operator. The case highlights the potential for banks to mis-sell complex financial derivatives to businesses, leading to significant financial losses. The Coin Group, represented by LEXLAW Solicitors & Barristers, successfully argued that Lloyds Bank failed to disclose the risks and potential liabilities associated with the IRHPs, resulting in a settlement of £4.6 million. The case underscores the importance of obtaining the best legal representation when fighting major banks.

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Barrier to justice raised as court fees rise by 600%

The Civil and Family Proceedings (Amendment) Fees Order has been approved in the House of Lords. This massively increases the court issue fee to £10,000 from £1,920 (raised last year from £1,670).

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Barclays’ attempt to strike-out swaps mis-selling claim (on limitation defence) dismissed by High Court

The High Court dismissed Barclays’ attempt to strike out a swaps mis-selling claim as time-barred under the six-year limitation period. The claimant relied on section 14A of the Limitation Act 1980, which extends the limitation period by three years from when the claimant knew or ought to have known the relevant facts. The court held there was a real prospect that the claimant did not know enough to investigate the claim until later, rejecting Barclays’ argument that earlier interest payments triggered the limitation clock. This ruling supports claimants in overcoming time-bar defences in swaps cases.

The Court of Appeal judgment in Green & Rowley v Royal Bank of Scotland EWCA Civ 1197 concerns the sale of an interest rate swap (IRS) by RBS to the appellants, experienced businessmen. The court upheld the trial judge’s finding that RBS complied with Financial Services Authority Conduct of Business (COB) rules, including providing clear risk warnings. Key issues included whether RBS adequately disclosed potential break costs associated with early termination. The court concluded the swap was straightforward, and the appellants were capable of understanding or seeking clarification about the risks. The judgment highlights the necessity for clear, fair communication in complex financial product sales and confirms that sophisticated clients bear responsibility for understanding such transactions. Lexlaw offers expert advice on swaps mis-selling claims and related litigation.

Court of Appeal Judgment: Green & Rowley v The Royal Bank of Scotland

The Court of Appeal in Green & Rowley v RBS confirmed that a bank does not owe a common law duty to ensure that customers fully understand the risks of interest rate swaps beyond the regulatory requirements. The case involved claims of mis-selling, particularly around inadequate disclosures. The court upheld that the bank’s compliance with the Financial Services Authority’s Conduct of Business Rules was sufficient, and the customers were considered knowledgeable enough to understand the transaction.

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Green & Rowley v RBS considered by Court of Appeal

The Green & Rowley v RBS appeal, heard by the Court of Appeal, focused on whether RBS properly explained the risks of an interest rate swap product. The FCA intervened to clarify regulatory rules on swaps mis-selling. The claimants’ decision to accept the section 150 FSMA claim as time-barred weakened their case. The judgment highlights the critical need to correctly calculate limitation periods and thoroughly manage these complex claims from the outset.

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HMRC Petitions: Compulsory Court Winding-Up

HMRC regularly present more petitions than any other single creditor. When it comes to a HMRC Petition we have the perfect skillset with which to provide those facing HMRC winding-up petitions the best insolvency defence, advice and advocacy representation before any Court in England & Wales. The approach we adopt for our clients will help ensure you emerge from the liquidation process as financially intact as possible.

The Court of Appeal ruled unanimously in RBS v Highland Financial Partners EWCA Civ 328 that RBS procured a previous judgment by fraud, deliberately withholding key documents and misleading their client, lawyers, and the court. The case involved a “sham auction” of loans to create a notional £1.44 billion profit. The judgment raises serious concerns about RBS’s corporate culture and litigation conduct. Contact Lexlaw for expert legal support on complex banking disputes and mis-selling claims.

RBS v Highland Financial Partners: Culture of denial at RBS?

The Court of Appeal ruled unanimously that RBS procured a previous judgment by fraud, deliberately withholding key documents and misleading their client, lawyers, and the court. The case involved a “sham auction” of loans to create a notional £1.44 billion profit. The judgment raises serious concerns about RBS’s corporate culture and litigation conduct.