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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll