header-logo header-logo

The new wave (Pt 2)

18 December 2015 / Simon Duncan
Issue: 7682 / Categories: Features , Banking , Commercial , Litigation trends
printer mail-detail

LIBOR manipulation & disclosure: Simon Duncan continues his review of recent banking litigation in the wake of swap mis-selling

The judgment of Mr Justice Birss was handed down after the latest interim hearing in Property Alliance Group Limited v The Royal Bank of Scotland Plc [2015] EWHC 3272 (Ch), [2015] All ER (D) 159 (Nov) on 13 November 2015.

Property Alliance Group Limited (PAG) is a property developer. PAG entered into four interest rate swaps with the defendant bank (RBS) between October 2004 and April 2008. Each swap used GBP LIBOR as a reference rate. PAG terminated the swaps in June 2011 at a break cost of £8m to stem their ongoing losses. PAG issued its claim in September 2013, seeking to recover the break cost and a further £5m paid under the swaps.

Following the Court of Appeal’s decision in Graiseley v Barclays Bank and Others [2013] EWCA Civ 1372, [2013] All ER (D) 100 (Nov). PAG pleaded that RBS made four representations about LIBOR. In summary:

  • that
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll