Category: Derivatives

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.

Here's an image depicting the FSA's pilot review findings for swaps mis-selling. It shows a scene with financial professionals looking concerned over documents, charts highlighting high mis-selling rates, and subtle visual cues indicating inadequate explanations, undisclosed costs, and over-hedging. The overall tone conveys seriousness and the implications of regulatory failure.

FSA Findings on Banks’ Pilot Swaps Mis-selling Review

The FSA’s pilot review of swaps mis-selling reveals over 90% of sales did not meet regulatory standards, highlighting inadequate risk explanation, undisclosed break costs, and over-hedging. Banks prioritised commissions over clients’ interests. The proposed review process raises concerns about reviewer independence and incomplete redress. Lexlaw advises court action before limitation periods expire.

Warren Buffett famously referred to derivatives as “financial weapons of mass destruction.” Lexlaw highlights the risks associated with derivatives and the importance of legal support for those affected by derivative mis-selling. If you have concerns about derivatives sold to you, contact Lexlaw for expert advice and assistance on protecting your interests.

Warren Buffett On Derivatives

Warren Buffett famously referred to derivatives as “financial weapons of mass destruction.” Lexlaw highlights the risks associated with derivatives and the importance of legal support for those affected by derivative mis-selling. If you have concerns about derivatives sold to you, contact Lexlaw for expert advice and assistance on protecting your interests.

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Financial Ombudsman Service Consults on Unprecedented Workload

The Financial Ombudsman Service (FOS) is preparing for an unprecedented workload in 2013/2014, driven mainly by 245,000 payment protection insurance (PPI) mis-selling cases. To handle this, FOS plans to increase staff significantly, including 1,000 new case workers and more ombudsmen. It will also raise individual case fees and increase the overall levy to support this expanded operation. Contact Lexlaw for advice on managing claims involving FOS processes and addressing complex financial disputes.

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Legal Comment on Green & Rowley v RBS [2012] EWHC 3661 (Swaps Mis-selling Judgment)

This judgment shows the complexity and fact-sensitive nature of swap mis-selling claims. The claimants were found to be experienced businessmen dealing with a straightforward swap, unlike many cases where claimants are less sophisticated and products are more complex. Key points include the importance of early document disclosure and careful handling of limitation periods. Specialist legal advice is essential to assess and manage swap mis-selling claims effectively. Contact Lexlaw for expert guidance and representation.

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Green & Rowley v Royal Bank of Scotland plc [2012] EWHC 3661 (QB)

Green & Rowley v Royal Bank of Scotland plc EWHC 3661 (QB) is a High Court case involving claims by John Green and Paul Rowley against RBS. The case deals with disputes related to financial transactions and banking practices. For detailed legal insights and advice regarding this case or similar banking disputes, contact Lexlaw Solicitors for expert guidance and representation.

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BBA Announcement on Major Banks’ Swaps Payment Suspension Policy

Major banks may suspend swap payments for financially distressed businesses while an independent review is conducted. Suspension is considered case-by-case and does not imply wrongdoing by the bank. Banks reserve their rights regarding suspended payments. Contact Lexlaw for expert help if you need support against UK Banks.

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Graiseley Properties Ltd (Guardian Care Homes) v Barclays Bank PLC – LIBOR Manipulation Test Case

This landmark case involves claims by Graiseley Properties and Guardian Care Homes against Barclays Bank, alleging mis-selling of interest rate derivatives linked to LIBOR manipulation. It was the first English court case to address alleged fraudulent misrepresentation by Barclays related to LIBOR fixing. The case established precedents on implied misrepresentation and involved extensive evidence, including senior Barclays management. Legal experts are available to advise clients affected by such financial product mis-selling.

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Clydesdale and Yorkshire Banks’ Tailored Business Loans – Terms of ‘Swaps Mis-selling’ Review

The review of Interest Rate Hedging Products, including Tailored Business Loans, by Clydesdale and Yorkshire Banks in agreement with the Financial Services Authority. Customers who were not considered sophisticated at the time of sale shoul receive fair treatment and possible redress. The review is overseen. If you think this affects you, professional legal advice is available to protect your interests.

The Manipulation of LIBOR by the Banks and the Impact on Interest Rate Swap Mis-selling Claims

Barclays Bank was fined for manipulating LIBOR, impacting many UK small businesses sold complex interest rate derivatives on misleading terms. Banks implied LIBOR rates would be fair, but this was untrue, affecting the validity of these contracts. Businesses may seek contract termination or damages. Contact Lexlaw for expert evaluation and legal support on your claim.