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Published 1 June 2016
DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the banking, financial, city business and general regulatory sectors that give rise to or concern contentious matters, civil or regulatory.
In a recent judgment the Court of Appeal has overturned a decision holding a bank liable for negligent misstatement arising out of a credit worthiness reference...
The conviction and sentencing of former corporate brokers Martyn Dodgson and Andrew Hind in May 2016 brings the FCA’s largest and most complex insider dealing investigation ever conducted to a near conclusion. The sentences handed down by the regulator, of 4.5 and 3.5 years imprisonment respectively, are the longest in its history for insider trading...
The Financial List has promptly disposed of a case regarding the construction of complex documents in a commercial mortgage-backed securitisation structure (CMBS). Snowden J adopted a strict approach to the construction and interpretation of highly negotiated documents, demonstrating that the Financial List will not refashion negotiated deals with the benefit of hindsight to assist the unwise...
Royal Bank of Scotland plc and National Westminster Bank plc (together "the Bank"), issued an application to strike out parts of a Claim, issued against it by Diane and Michael Hockin and Lonwest Limited (collectively the Claimants"). The Claimants issued an application seeking permission to amend the Particulars of Claim and both applications were heard together before Mrs Justice Asplin in April 2016...
In this case an advisor employed by the Claimant had filled in a number of preliminary questionnaires pursuant to a "Compliance Agreement and Appointed Representative Agreement" dated 1 December 2006 (the "Contract") with information provided by intended clients to enable advice to be given concerning a medical insurance policy. This case considered whether this activity was a "regulated activity" in accordance with the Act and the Order.
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