BARCLAYS BANK PLC Barclays Capital
BARCLAYS BANK PLC Barclays Capital
BARCLAYS BANK PLC Barclays Capital
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<strong>PLC</strong> Frankfurt Branch at Bockenheimer Landstrasse 38 - 40, 60323 Frankfurt am Main, during normal<br />
business hours, so long as any of the Notes are outstanding.<br />
Litigation<br />
The Issuer has for some time been party to proceedings, including a class action, in the United States<br />
against a number of defendants following the collapse of Enron; the class action claim is commonly<br />
known as the Newby litigation. On 20 July 2006, the Issuer received an Order from the United States<br />
District Court for the Southern District of Texas Houston Division which dismissed the claims against<br />
<strong>Barclays</strong> <strong>PLC</strong>, the Issuer and <strong>Barclays</strong> <strong>Capital</strong> Inc. in the Newby litigation. On 4 December 2006, in<br />
response to the plaintiffs' procedural objections, the District Court stayed the Issuer's dismissal from the<br />
proceedings and allowed the plaintiffs to file a supplemental complaint. On 19 March 2007, the United<br />
States Court of Appeals for the Fifth Circuit issued its decision on an appeal by the Issuer and two<br />
other financial institutions contesting a ruling by the District Court allowing the Newby litigation to<br />
proceed as a class action. The Court of Appeals held that because no proper claim against <strong>Barclays</strong> and<br />
the other financial institutions had been alleged by the plaintiffs, the case could not proceed against<br />
them. The plaintiffs have applied to the United States Supreme Court for a review of this decision.<br />
Pending the outcome of further appellate proceedings, the District Court has stayed the Newby<br />
litigation.<br />
The Issuer considers that the Enron related claims against it are without merit and is defending them<br />
vigorously. It is not possible to estimate the Issuer's possible loss in relation to these matters, nor the<br />
effect that they might have upon operating results in any particular financial period.<br />
The Issuer has been in negotiations with the staff of the SEC with respect to a settlement of the SEC's<br />
investigations of transactions between the Issuer and Enron. The Issuer does not expect that the amount<br />
of any settlement with the SEC would have a significant adverse effect on its financial position or<br />
operating results.<br />
On 3 November 2006 the Issuer announced that it had reached a settlement in principle with Enron in<br />
the Enron bankruptcy proceedings. A settlement agreement was signed on 30 November 2006 and<br />
became effective on 3 January 2007. The settlement has had no negative impact on the Issuer's earnings<br />
as an adequate provision had already been made for the likely cost in prior periods. In reaching the<br />
settlement the Issuer has denied any wrongdoing or liability.<br />
The Issuer is engaged in various other litigation proceedings both in the United Kingdom and a number<br />
of overseas jurisdictions, including the United States, involving claims by and against it which arise in<br />
the ordinary course of business. The Issuer does not expect the ultimate resolution of any of the<br />
proceedings to which the Issuer is party to have a significant adverse effect on the financial position of<br />
the Group and the Issuer has not disclosed the contingent liabilities associated with these claims either<br />
because they cannot reasonably be estimated or because such disclosure could be prejudicial to the<br />
conduct of the claims.<br />
Save as disclosed in the first four paragraphs above of this section "Litigation", no member of the<br />
Group is or has been involved in any governmental, legal or arbitration proceedings (including any<br />
such proceedings which are pending or threatened of which the Issuer is aware) which may have, or<br />
have had during the 12 months preceding the date of this Base Prospectus, a significant effect on the<br />
Issuer's and/or the Group’s financial position or profitability.<br />
Financial Information of <strong>Barclays</strong> Bank <strong>PLC</strong><br />
For the financial years 2005 and 2006, <strong>Barclays</strong> Bank <strong>PLC</strong> has prepared both consolidated financial<br />
statements of the Group, and the individual financial statements of <strong>Barclays</strong> Bank <strong>PLC</strong>. The<br />
consolidated financial statements of the Group, and the individual financial statements of <strong>Barclays</strong><br />
Bank <strong>PLC</strong>, for the financial years 2005 and 2006, respectively, have been prepared in accordance with<br />
International Financial Reporting Standards (IFRSs) and interpretations issued by the International<br />
Financial Reporting Interpretations Committee (IFRIC), as adopted by the European Union. Such<br />
financial statements are also in accordance with IFRSs as published by the International Accounting<br />
Standards Board (IASB) and interpretations issued by IFRIC.