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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll