Interest rate swap mis-selling lawyers are being urged to join together to fight the banks.
Russell Jones Walker (RJW) litigation head Fraser Whitehead has issued a call to arms to other firms to decide on whether a formal steering group should be established on the scandal.
RJW, which was formally acquired by Australian listed Slater & Gordon in April (13 February 2012), has been recommended by Bully Banks – a campaign group of more than 750 small and medium sized businesses, many of which are high street traders, which claim to have been mis-sold IRSA products.
The recommendation has led to the firm being instructed for more than 225 claimants. Whitehead said he wants to meet other solicitors to review whether coordinated action can be taken to address the issue (20 September 2012).
RJW wants to enable firms to share information and discuss limitation postponement agreements, relationship with the regulatory bodies and the FSA Scheme, pre-action disclosure, expert counsel and potential test cases.
The firm is close to instructing counsel from three separate chambers to run with its cases.
Whitehead said: “IRSA mis-selling is a scandal on a grand scale and we are urging solicitors firms to come together to see how we can get the best possible outcomes for businesses.Individual small businesses struggle to stand up to the bullying tactics of the banks and their lawyers. By joining together as a steering group we aim to level the playing field.”
Other leading firms involved in mis-selling cases include Collyer Bristow, Cooke Young & Keidan, SRB Legal, Bracewell Law, Lexlaw and Hausfeld & Co (2 July 2012).
Readers' comments (3)
Ian Davis | 17-Oct-2012 10:10 am
It appears that RJW may not have the expertise to handle the cases as it seems to be looking for advice/information from others.
Surly there must be one case amongst the 225 cases it is handling that is a clear cut case for them to take to Court. Or is this a case of collect money to provide comfort to the the victims..
It has been three months since the banks agreed with the FSA to deal with the matter and to date nothing has been done while the victims are bleeding to death.
Please get a move on before your patient die as the banks want them to do.
Andersons CA
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Richard Perkoff | 17-Oct-2012 4:55 pm
It may not be that easy to identify a test case. There were lots of different hedging products in use and many variations.
Not all I have seen were difficult to understand; long-term or otherwise booby-trapped. Lack of proper explanation and failure to advise of alternative products will be key issues . Another that is showing signs of prominence is that the financial obligations under the hedging product were not always aligned with the commercial borrowing. Pay back the debt, but still find yourself liable for the full term of the hedging product.
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Pranav Bhatt | 18-Oct-2012 10:20 am
I note "Lack of proper explanation and failure to advise of alternative products will be key issues"
But surely there must be one case (amongst the 225) based on this principal to take before the Courts as a test case.
Or is the case going to be based on statistics.
Main point is to take one strong case and put it before the Court to see whether the whole issue of mis-selling stands up to judicial scrutiny.
If it does then the banks will take note and start settling otherwise the whole process is going to be pro-longed for ever.
There are people suffering to make the monthly IRSA payments and may not be there for long to fight on.
Patara & Co - Accountants
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