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Northern Rock's army of small shareholders took their campaign for compensation to the courts yesterday as they accused the Government of abusing their human rights by nationalising the stricken mortgage lender.
At the same time, SRM Global, a Monaco-based hedge fund that is the biggest institutional owner of the Rock, served notice to the Treasury that it was launching a legal action of its own. SRM also plans to question the legality of the nationalisation with the European Commission.
Yesterday's two-pronged assault on last month's Rock nationalisation could be the first of a wave of legal actions as aggrieved shareholders try to salvage at least part of their investments. One closely involved in the process said: “By the time this gets to court, the Government will have a huge number of shareholder actions on their plate.”
RAB Capital, the Rock's second-largest shareholder, has not reached a decision about whether it will join the legal fray. The Legal & General Investment Management (LGIM) activist fund, with a substantial holding in the bank, has also signalled that it is exploring its options. Sources close to a big Rock shareholder said: “We are watching developments with interest.”
SRM, RAB Capital and LGIM all declined to comment.
Roger Lawson, chairman of the UK Shareholders' Association, said that he had been in contact with 7,000 Rock shareholders who believed that their holdings would end up being worthless based on last month's nationalisation plan.
Mr Lawson said that his association had raised an initial £30,000 fighting fund to help to foot a legal bill likely to run to hundreds of thousands of pounds. He called on other shareholders, including City institutions, to join his lawsuit, which he said was “simply trying to get a fair deal for shareholders. Fair compensation should be paid when a company is taken into public ownership. In this case, instead of putting in place a fair process, the Government is rigging the valuation. In our view, the compensation will be very little.”
Mr Lawson said that it was difficult to value Northern Rock, but he suggested that a figure of £4 to £5 a share sounded sensible. Some reports have suggested that the Government plan could leave shareholders with only 5p.
Some of the bank's most powerful investors believe that they are deeply out of pocket after the Government took control last month, having first agreed to underwrite all of the bank's near-£100billion of liabilities. The Government is preparing to appoint an independent valuer over the next few weeks to set a compensation level for shareholders but it has said that the valuation will not take into account the Government's financial support.
The Treasury declined to comment on any legal claim but defended the nationalisation process. “We have set out clearly the basis for valuation of the company in legislation that has been discussed and passed by Parliament. It will be a matter for an independent valuer to establish the value in accordance with that legislation,” a Treasury spokesman said.
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Human Rights?? Duh!!
Shareholders have shareholder rights. When the going was good they didn't look too closely at the management and its policies. That was the time to use the shareholder rights. Now the bottom has dropped out and they want to make a claim?
Absolute nonsense. Owning shares is about taking risks with the potential for capital gains plus dividend payouts.
Depositors did not expect that they were taking risks and did not partake in any of the gains the shareholders had over the last few years. They traded security for lower potential earnings.
Human Rights! Who came up with this idea?
Bob Travels, Stevenage,
As an employee and a share holder it has not been the easiest of times, although im leaving the company soon i invested quite alot of my savings into shares, at the time of the crisis, we were not advised of the full picture and even encouraged to invest in shares.
A lot of people did that and now we are all going to lose out, people dont seem to think about the staff, the government talks about tax payers, but the staff are all tax payers and many are share holders, 2000 are to lose jobs too.
I think it is so unfair that we would be offered so little for our shares, i am set to lose £3500 (many people set to lose more), which it too me a whole year to save up, maybe its my own fault for such a risk, but I do think that the government would be insulting us to offer 5p a share.
Paul, Newcastle,
What a joke. The government should counter-sue for a frivolous suit.The next time the government should let these kind of companies go bankrupt.
hebe, Dallas, tx
Seb of Glasgow is missing the point - without shareholder investment the people who have put their livelihoods into NR wouldn't have a job in the first place.
The workers have invested their working futures in NR in just the same way as shareholders have invested their money in NR. Surely it is right that both groups should be treated fairly.
Ron Ellis, Northallerton, North Yorkshire
As a small shareholder I am dismayed by the terms of reference given by the Govt. to the valuation panel. In justifying the BoE loan to Parliament the Chancellor stated that Northern Rock was a 'good business' it just had a cash flow problem. How can it have been a good business for the purpose of justifying the loan to Parliament, then essentially insolvent for the purposes of compensation?
This is all the more gaulling in that it was the govt's incompetence led to the run on the bank initially.
What is going to rub salt in the wounds is that this business is going to be EMBARRASSINGLY profitable for the govt. in the long run. There were two private sector bids: the reason the govt. did not want to take either is because they would have made so much profit and the govt. wanted all of the action.
Therefore just pay us fair compensation - I will never be able to save up this money before I retire - fair value impartially based, that's all!
Stephen, Caerphilly, UK
Is this a joke? To hell with shareholders. The Gov. is protecting the people who have put their livelyhood into NR. Shareholders take a risk. That's the name of the game.
Human rights... No kidding.
Seb. , Glasgow, U.K.