LEXLAW Solicitors & Barristers
The Court of Appeal dismissed the Green & Rowley appeal against RBS regarding swaps mis-selling. The appeal failed mainly because the claimants abandoned their section 150 FSMA claim, likely due to mistaken limitation concerns. The court found no common law advisory duty beyond regulatory compliance in this case. The decision highlights the critical importance of correctly calculating limitation periods.
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.
The FCA Swaps Review has faced significant delays since beginning in April 2013, frustrating many affected businesses. Latest FCA data reveals that only 50% of sophistication assessments are complete, 3.9% of cases have reached interviews, and 2.6% have had payments suspended. Delays risk customers losing legal rights due to the six-year limitation period. Concerns exist over banks bypassing the sophistication stage while fairness issues arise over banks self-assessing their mis-selling.
The Parliamentary Commission on Banking Standards’ Final Report calls for radical reforms to restore banking trust, addressing LIBOR manipulation and derivatives mis-selling. Key proposals include criminal liability for reckless bankers, improved governance, stronger regulator duties, and wider access to the Financial Ombudsman Service for small businesses. The report urges greater financial literacy, transparency, and regulation to prevent banks from disclaiming advisory responsibility when selling complex products.
The Times Newspaper reports that banks are secretly settling swaps mis-selling cases with small businesses, often on the eve of court proceedings. These settlements are kept confidential, and the banks often make public statements denying wrongdoing. The number of claims is increasing as businesses become aware of the issue. Businesses argue that the swaps were too complex and that banks failed to explain the risks involved.
RBS was fined £87.5 million by the Financial Services Authority for manipulating the London Interbank Offered Rate (LIBOR), a key interest rate affecting trillions in derivatives contracts. This fraudulent activity, dating back to at least 2006, involved traders adjusting rates to benefit trading positions, causing losses to counterparties. This highlights serious cultural and oversight failures at RBS and other banks and will trigger increased LIBOR-related litigation.
The FSA’s definition of sophistication for swaps mis-selling reviews is complex and has caused confusion. The original test deems a business sophisticated if it meets two of three criteria: turnover above £6.5m, balance sheet over £3.26m, or more than 50 employees. A new £10 million test modifies this excluding them from the FSA review.
LEXLAW’s M Ali Akram was featured on Sky News discussing the Comet Group Limited administration. He highlighted concerns over potential unfair outcomes in the liquidation process. As experts in insolvency law, Lexlaw offers professional guidance and representation for businesses and individuals affected by company administrations and liquidations. Contact Lexlaw for specialist insolvency advice.
Disputes often arise when a person leaves more than one will, due to changes in financial circumstances or beneficiaries. Courts decide which will is valid by examining the testator’s intentions and the governing law. Clear, certain, and carefully considered wills help avoid such conflicts. Lexlaw provides expert advice to resolve probate disputes and protect your interests. Contact Lexlaw for professional assistance with contested wills.
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.