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19 February 2009
Issue: 7357 / Categories: Legal News , Banking , Commercial
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Knock-back for rock shareholders

Sympathy but no compensation for Northern Rock investors

The high court has rejected a judicial review application by Northern Rock shareholders.

The court dismissed the application for a full judicial hearing into claims the government was unfair in its plan to compensate former shareholders in the nationalised bank.

David Greene, partner at Edwin Coe, who acted for the shareholders, said: “For the small shareholders it was clearly disappointing not to succeed but they felt vindicated that the court concluded that they had raised issues of public importance since it made no order for costs against those shareholders and found that there were ‘compelling reasons’ why the matter should be allowed to proceed to the Court of Appeal. The shareholders are considering an appeal.”

The Treasury took over the shares when the bank was nationalised in February 2008, and claimed the bank should not be valued as a going concern as it would have failed without state intervention.

However, shareholders contested this, claiming the basis of valuation was unfair, that Northern Rock was a going concern at the date of nationalisation, with a strong mortgage book and an excess of assets over liabilities. They claim the assessment of their compensation was unfair and incompatible with their rights under Art 1 of the First Protocol to the European Convention on Human Rights.

The case, SRM Global Master Fund Lp and Ors v The Commissioners of HM Treasury [2009] EWHC 227 (Admin) was brought by two investment companies and some 150,000 private shareholders who held up to a quarter of bank shares.

Dismissing the application, Lord Justice Stanley Burnton said: “… we have some sympathy for the position of the former long-term shareholders of Northern Rock, who doubtless believed that they had an investment in a reliable bank. Ultimately, however, they entrusted their investment to the hands of the management of the company. As it turned out, their business plan was flawed and could not survive the unprecedented circumstances of the latter part of 2007.” (See Law reports p 279).

Issue: 7357 / Categories: Legal News , Banking , Commercial
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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