LItigation Alert: Green & Rowley - the final chapter


In July 2013 the first English swaps mis-selling case reached the Court of Appeal. The appellants, John Green and Paul Rowley ("GR"), had hoped to overturn an earlier High Court judgment which had dismissed their claim in its entirety. Their appeal failed. The Court of Appeal has just published its written judgment.


GR had a pre-existing loan liability of £1.5m with The Royal Bank of Scotland ("RBS"). Keen to hedge against movements in the interest rate, in May 2005 they entered into a 10 year base rate swap with RBS for a notional amount of £1.5m at a rate of 4.83% (the prevailing base rate at that time was 4.75%).

Initially the swap worked well for GR and they were "in the money" as base rates exceeded the swap rate, but when interest rates plummeted in 2008 they fared very badly. Wanting to restructure their partnership they enquired about the cost of terminating the swap in 2009 at which point they learned that the break costs would amount to £138,650...

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© DLA Piper | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.