R v Hayes and Palombo

The convictions of two traders for manipulating benchmark interest rates were quashed, because the juries had been wrongly directed that submitters could not take traders' commercial interests into account.

Citation
[2025] UKSC 29
Court
Supreme Court
Year
2025
Subject
Banking and Finance Law
Topic
Financial crime, sanctions and market misconduct

Facts

Tom Hayes had been convicted of conspiracy to defraud in relation to yen LIBOR, and Carlo Palombo of conspiracy to defraud in relation to EURIBOR, another benchmark rate. In each trial, the judge directed the jury, as a matter of law, that the rules of the benchmark required submissions to reflect the cost of borrowing, and that it was not legitimate to take into account the commercial interests of the bank's traders. After a referral by the Criminal Cases Review Commission in Mr Hayes's case, the Court of Appeal dismissed both appeals, and they appealed to the Supreme Court.

Legal principle

The Supreme Court allowed the appeals and quashed the convictions. The court held that the trial judges had wrongly treated the question of what the benchmark definitions required as a question of law, and had directed the juries in a way which effectively removed from them the essential question of whether the defendants had been dishonest. The definitions did not exclude the taking into account of the commercial interests of the bank, so long as the submission was a genuine estimate within the range of rates at which the bank could borrow. The juries should have been left to decide whether the submissions were dishonest, applying a correct understanding of the definitions.

Related cases on financial crime, sanctions and market misconduct

Studying banking and finance law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions