LEXLAW Solicitors & Barristers
The Court of Appeal (Sir Terence Etherton MR, Longmore LJ and Newey LJ) handed down judgment in the highly anticipated appeal from Asplin J’s decision in Property Alliance…
The Property Alliance Group (PAG) appeal against RBS concerning interest rate swaps mis-selling, LIBOR manipulation, and GRG treatment was dismissed by the Court of Appeal in 2018. While PAG lost on the facts, the Court clarified key legal points: banks must exercise valuation rights for legitimate commercial purposes, not maliciously, and duties owed vary by case context. The judgment impacts many pending mis-selling claims, offering guidance on banks’ responsibilities and contractual rights. PAG’s LIBOR manipulation claim failed due to lack of evidence on sterling LIBOR but remains significant for other currencies.
The FCA regulates authorised firms under the Financial Services and Markets Act (FSMA) 2000, overseeing conduct and prudential standards. It authorises firms, supervises compliance, investigates breaches, and enforces rules via fines, bans, and public censure. The FCA’s remit focuses on “regulated activities,” but it also monitors firms’ overall behaviour, including some unregulated actions linked to regulated firms. It holds senior managers accountable under the Senior Managers and Certification Regime (SMCR). The FCA aims to protect consumers, uphold market integrity, and promote competition, balancing its powers with statutory limits set by Parliament and Government.
Ross McEwan, CEO of RBS, apologised for past mistakes with SME customers in the Global Restructuring Group (GRG) but rejected key critical findings from the FCA report. He acknowledged some failings like poor communication and complaint handling but denied systematic misconduct or direct causation of insolvency by RBS. McEwan highlighted major cultural and operational changes at RBS since and emphasized ongoing compensation and complaints processes agreed with the FCA. The FCA’s Andrew Bailey described RBS’s stance as “unfortunate,” with potential enforcement action underway.
Our client, the charity Wenta has gained ground in its claim against NatWest/RBS over the mis-selling of a derivative (IRHP). Wenta alleges the banks breached contractual, tortious, statutory, and fiduciary duties, causing financial loss. The case involves disputes over suitability, disclosure, and a flawed and unfair review process by the banks. Disclosure battles have forced the banks to reveal key sales training manuals and review materials. Litigation continues with trial or secret settlement expected soon.
LEXLAW’s Financial Services Litigation team provides expert legal support for high-value claims and complaints against Metro Bank Plc. The team has experience in prominent High Court cases against Metro Bank and all other major UK banks. Clients can access specialist London-based solicitors and barristers to protect their rights and manage complex bank litigation efficiently.
LEXLAW has launched an online petition urging the government to establish a Financial Services Tribunal to resolve disputes over financial product mis-selling. The petition highlights the limitations of costly court processes, the inadequate Financial Ombudsman Service, and the FCA’s lack of dispute resolution powers. The tribunal would provide fairness, judicial scrutiny, and deter misconduct by major banks and financial institutions. The campaign follows parliamentary support for a commercial financial dispute resolution platform and aims to give customers better protection and access to justice
Petition for establishing a Financial Services Tribunal to resolve complex disputes between banks and customers. Courts are costly, the Financial Ombudsman Service is limited to low-value claims, and the FCA lacks dispute resolution powers. The Tribunal would provide judicial scrutiny, fairness, and public censure, helping SMEs and consumers secure justice and deter misconduct in the financial services industry. Supporters can register their backing on the UK Government site.
RBS’s Global Restructuring Group (GRG) has faced allegations of destroying small businesses. LexLaw has sued RBS on behalf of many businesses including Bowlplex, a family-owned bowling business, claiming excessive fees, increased interest rates, and forced equity transfer. Despite a viable business, Bowlplex was transferred to GRG and ultimately sold on by RBS for a £9m profit and a £50m loss for the owners.
The Sunday Times reports the largest ever publicly disclosed settlement in interest rate swaps mis-selling, where Lloyds Bank paid £4.6m to a care home business after refusing compensation via the FCA IRHP Review. Thousands of businesses were excluded from compensation due to a controversial ‘sophistication test,’ leaving many short-changed. The case highlights banks’ efforts to avoid accountability and the ongoing struggle for fair redress, with expert legal advice offering hope for mis-sold swap victims.