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Paul Sinclair KC

Paul Sinclair KC is a barrister at Fountain Court Chambers and a specialist in banking and finance law who has appeared for the banks in some of the leading cases on LIBOR and interest rate hedging products including Property Alliance Group v RBS [2016] EWHC 3342, London Executive Aviation Ltd v RBS [2018] EWHC 74 and, most recently, Morley v RBS [2021] EWCA Civ 338. Email: pxs@fountaincourt.co.uk

pxs@fountaincourt.co.uk

Articles by author

Are banks obliged to disclose credit adjustment spreads to SONIA?

LIBOR will be replaced by SONIA from the beginning of 2022. With SONIA rates typically lower than LIBOR, banks will seek to make up the difference by application of a Credit Adjustment Spread (CAS), likely to be calculated by reference to the median difference between LIBOR and SONIA over the previous five-year period. This article considers the extent to which banks will be required to disclose the existence of the CAS and its method of calculation to customers in the light of previous findings by the court of the lack of an obligation on banks to disclose the Credit Line Utilisation (CLU) to customers.

1 MAY 2021