header-logo header-logo

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

What next for benchmark manipulation claims?

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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll