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18 December 2015 / Simon Duncan
Issue: 7682 / Categories: Features , Banking , Commercial , Litigation trends
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The new wave (Pt 2)

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
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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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