The Guardian (USA)

Barclays, RBS and other banks face £1bn forex rigging lawsuit

- Sean Farrell

Barclays, Royal Bank of Scotland and three other banks are being sued by investors for at least £1bn over rigging of the foreign exchange market in a test case for US-style class actions in the UK.

A US law firm that specialise­s in stock market litigation has filed the claim at the Competitio­n Appeal Tribunal. The claim also targets US investment banks JP Morgan and Citigroup, and Switzerlan­d’s UBS.

The legal action follows the European commission’s decision in May to fine five banks more than €1bn (£910m) for colluding to reduce competitio­n in markets for 11 currencies, including the US dollar, the euro and the pound.

Cartels of traders with names such as the “Three-Way Banana Split” operated on chatrooms to rig the multitrill­ion-dollar foreign exchange market. UBS, which informed the commission about the collusion, was not fined but Japan’s MUFG received a penalty.

Scott + Scott, the law firm representi­ng investors, said Barclays, RBS, JP Morgan, Citi and UBS had been fined more than $8.5bn by regulators globally over foreign exchange manipulati­on. The firm secured more than $2.3bn compensati­on in a US class action suit from banks including Barclays, RBS, UBS and Deutsche Bank.

The claim, led by Michael O’Higgins, the former chair of the Pensions Regulator, seeks compensati­on for investors and companies allegedly damaged by the banks’ actions. O’Higgins has instructed Scott + Scott to carry out work on the case.

O’Higgins said: “Just as compensati­on has been won in the US, our legal action in the UK will seek to return hundreds of millions of pounds to pension funds and other corporates who were targeted by the cartel.”

Changes to the law in 2015 establishe­d opt-in collective legal actions that are akin to the long-establishe­d practice of class actions that have secured billions of dollars in compensati­on from tobacco companies, drug companies and others on behalf of consumers and investors.

Under a class action a judge rules that all similar claimants will be included in the same claim, reducing litigation costs and sharing damages between claimants who might not have been able to afford to bring their own case.

Until the 2015 law change, English law allowed opt-in collective actions, which made assembling a claim

far more difficult and costly. The new regime has so far failed to get off the ground because of disagreeme­nts about the eligibilit­y of claims.

The value of the claim against the banks will depend on the number of foreign exchange trades carried out in London for UK-based operations and is likely to exceed £1bn, O’Higgins told Reuters.

 ?? Photograph: Paul Ellis/ AFP/Getty Images ?? The Barclays headquarte­rs in Canary Wharf, east London.
Photograph: Paul Ellis/ AFP/Getty Images The Barclays headquarte­rs in Canary Wharf, east London.

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