header-logo header-logo

Fraud trials: Floodgates opened?

238287
Could the Hayes & Palombo case have unintended consequences for juries in complex fraud cases, asks Maia Cohen-Lask
  • In the final chapter of the Libor-Euribor saga, the Supreme Court focused on the ‘essential error’ of juries being given judicial directions as to how particular definitions should be interpreted.

The Supreme Court judgment in the case of Tom Hayes and Carlo Palombo, R v Hayes; R v Palombo [2025] UKSC 29, represented the final, extraordinary chapter in the Libor-Euribor saga. In overturning their convictions—and opening the door for many similar convictions to be overturned—the Supreme Court focused on the ‘essential error’ (para [9]) of juries being given judicial directions as to how particular definitions should be interpreted. The judgment concluded that the relevant interpretations of Libor and Euribor should properly have been treated as matters of fact, and therefore left to the jury’s consideration.

This robust statement by the Supreme Court has been welcomed by the legal community as an important reminder of the separate provinces of judges and juries.

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll