Tag: Interest Rate Swaps

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Short Guide: ‘Hidden’ or ‘Embedded’ Swaps

UK financial institutions have been selling interest rate swaps and fixed-rate loans without fully disclosing the risks and contingent liabilities involved, leading to substantial liabilities for customers. Lexlaw, a law firm specialising in hidden derivatives litigation, advises on legal action for SMEs and individuals affected by mis-selling. They guide clients through obtaining redress, often achieving out-of-court settlements with banks and insurers eager to avoid precedent-setting judgments. Lexlaw provides a step-by-step guide for those suspecting they’ve been mis-sold financial products, encouraging prompt legal advice to meet claim deadlines.

Wyatt Paul v HMRC: Permission Needed to Raise New Points During an Appeal

The recent case of Wyatt Paul v HMRC [2022] UKUT 116 (TCC) confirmed: permission by a party must be sought from the Upper Tribunal (UT) to argue a…

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Court of Appeal assesses swap mis-selling complaint under FCA DISP

The Court of Appeal recently analysed a swap mis-selling complaint submitted by the Claimant under the FCA Dispute Resolution scheme (“DISP”), which complaint would stop time running for the purposes of a making a complaint to the Financial Ombudsman Service (“FOS”).

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APPG on Fair Business Banking: Improve SMEs access to justice and establish a Financial Services Tribunal

The APPG on Fair Business Banking launched their highly anticipated dispute resolution report on 11 July 2018. The report, authored by Kevin Hollinrake MP and undertaken by the Centre…

LIBOR, FX and Key Benchmark Rigging Claims against RBS, Barclays, HSBC & Lloyds set to Strengthen for Customers Mis-sold Derivatives

The door has been opened by the Court of Appeal in PAG v RBS [2018] for misrepresentation claims to be brought by a counter-party to a derivative which…

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Property Alliance Group v RBS [2018]: Court of Appeal Opens the Door for Implied Misrepresentation Claims against Banks Mis-selling LIBOR-linked Derivatives

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…

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Letter from the FCA to the Treasury Select Committee detailing FCA powers and regulatory perimeter (30 January 2018)

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.

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RBS’ GRG ‘Just Hit Budget’ Memo: ‘let customers hang themselves’

The leaked 2009 internal memo from RBS’s Global Restructuring Group (GRG), titled “Just Hit Budget!”, reveals aggressive tactics aimed at extracting maximum profit from struggling SME customers. The memo outlines a systematic approach to pressure businesses, including leveraging fees, forcing deal signings, and deliberately letting customers fail – referred to chillingly as “let customers hang themselves.” This memo exemplifies the toxic culture within GRG that led to severe financial distress for many SMEs.

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The Lawyer: ‘Charity gains ground in RBS and NatWest mis-selling claim’

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.

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Court of Appeal to consider permission to appeal in PAG v RBS

The Court of Appeal is set to consider whether to grant permission for Property Alliance Group Ltd (PAG) to appeal a High Court ruling that dismissed its claims against RBS. The case involves allegations of interest rate swap mis-selling, LIBOR manipulation, and mistreatment by RBS’s Global Restructuring Group (GRG). The High Court had found PAG to be a sophisticated client with financial expertise and ruled against claims based on lack of specific false statements and exclusion clauses. The appeal will test key issues in sales duties, advisory roles, and the impact of GRG’s conduct on businesses.