header-logo header-logo

16 August 2016 / Simon Duncan
Issue: 7712 / Categories: Features , Banking , Commercial
printer mail-detail

Conspiracy theories

Simon Duncan follows the latest drama surrounding swaps mis-selling in Hockin and Others v RBS plc

Mr and Mrs Hockin’s company, London & West Country Estates Limited (LWE) owned and managed commercial business parks in Somerset and Devon. In 2008, LWE entered into an interest rate swap with Royal Bank of Scotland Plc (RBS). LWE swapped a fixed rate of interest for a floating rate just prior to the collapse of the base rate to 0.5% in 2009. In October 2009 LWE was placed into the bank’s global restructuring group (GRG). LWE is now in liquidation.

The Hockins believe that LWE was “mis-sold” the interest rate swap. This label refers to a collection of different causes of action. Here, described as an advisory claim, a swap misrepresentation claim, a “LIBOR” claim, and the “GRG” claim. Mr Hockin broke new ground in 2014 when he successfully persuaded the High Court that the then administrators of LWE be obliged to effect an assignment of these claims to him, pursuant to Sch B1 of the Insolvency Act 1986,

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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll