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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:

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MOVERS & SHAKERS

EIP—Stuart Malcolm

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EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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
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