The Foskett Panel

Key Terms

Associates

As summarised in Sir Ross Cranston’s report ‘The Cranston Review’ of December 2019 (section 2), the fraudulent activity was perpetrated (in conjunction with the IAR) by convicted fraudsters David Mills, Michael Bancroft, Alison Mills, Anthony Cartwright and entities associated with them, particularly Sandstone Organisation Ltd and Richard Paffard Consultancy. For simplicity, we refer to David Mills, the other convicted criminals outside of the Bank and companies associated with them as ‘Associates’ of QCS.


Customer

Where the word ‘Customer’ or ‘you’ appears, it refers to an eligible customer (directors or de facto directors or persons sufficiently actively involved in running the business or shareholders of corporate customers affected by the IAR Fraud) who decides to opt in to the Re-Review process, whether as representing (i) a company or group corporate customer of the Bank and/or (ii) themselves as an individual associated with that corporate connection.


D & C Losses

This refers to Direct and Consequential losses. As summarised in Sir Ross Cranston’s report, ‘The Cranston Review’ of December 2019 (chapter 12), these are the losses which a court might award, for example, in respect of financial loss caused to a business and its shareholders through the fraud of a third person, or financial loss caused to others associated with a business as a result of the fraud, such as loss of income or earning ability through damage to his or her reputation. A full explanation of what we mean by D & C losses are for the purposes of the Re-Review can be found in the section of the website called ‘Quantifying D & C losses’, starting at the ‘Introduction’ page.


IAR

Where the acronym ‘IAR’ appears it refers to HBOS Impaired Assets London and South East unit based from Reading and Bishopsgate offices in London.


IAR Fraud

This means the fraudulent activity perpetrated through the IAR and the company called Quayside Corporate Services Limited (‘QCS’), together with its Associates.


The Bank

This includes HBOS and Lloyds Banking Group and its subsidiaries depending on the context in which the term appears.


Criminal Trial

The trial which resulted in the convictions in 2017 of two HBOS bankers and four persons associated with QCS.


Company

The company or group of companies or sole trader or partnership that was the corporate customer of the Bank and was referred to the IAR.


Shareholders

Shareholders or partners (depending on the type of entity) in the Company are referred to as Shareholders.


Directors/Managers

Directors, or de facto directors, or those sufficiently involved in managing the Company.


Hypothetical Reasonable Bank

A hypothetical bank that would have taken honest, proper and reasonable actions with respect to the Customer in the hypothetical ‘Non-Fraudulent Scenario’. This key term is referred to and explained in Our Assessment Methodology.


Compensatory Interest Rate

Simple interest at a rate of 8% a year on the loss suffered up to the date of the assessment. This key term is referred to and explained in Our Assessment Methodology.


Actual Scenario

What actually happened to the Company and its Directors/Managers and Shareholders. This key term is referred to and explained in Our Assessment Methodology.


Non-Fraudulent Scenario

Where the term ‘Non-Fraudulent Scenario’ is used, it refers to a hypothetical scenario, representing what would, or could, realistically have happened to the Company and the Directors/Managers and Shareholders if the IAR Fraud had never happened. This key term is referred to and explained in Our Assessment Methodology.