header-logo header-logo

What next for benchmark manipulation claims?

14 March 2017 / Andy McGregor , Chris Whitehouse
Issue: 7739 / Categories: Features , Banking , Commercial , Litigation trends
printer mail-detail

Post-PAG, will claimants able to evidence fraud have greater prospects of success? Andy McGregor & Chris Whitehouse report

  • Where does Property Alliance Group v RBS leave benchmark manipulation claims?
  • Prospects of success will be enhanced if a party had substantive discussions with the relevant bank about LIBOR.
  • There is reason for greater optimism for potential claims relating to allegations of Forex manipulation.

In December the High Court handed down judgment in Property Alliance Group (PAG) v RBS [2016] EWHC 207 (Ch), [2016] All ER (D) 13 (Mar), to date the most comprehensive judicial analysis of a claim for damages in relation to LIBOR manipulation. This article considers the court's analysis of PAG's arguments and the implications for future LIBOR cases or other benchmark manipulation claims such as Forex.

LIBOR & why it matters

LIBOR, the London Interbank Offered Rate, is a series of daily interest rate benchmarks (in various currencies) administered by the British Banking Association (BBA) theoretically reflective of the cost of unsecured interbank

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll