Articles
March 2017
Deprivation of liberty in the community: The Court of Appeal decides
The Court of Appeal has now given its judgment in two important cases about whether conditions amounting to a deprivation of liberty can be placed on ...
Is the FCA softening, or just shifting its approach?
Last year the amount of fines issued by the FCA dropped dramatically. Only £23m was issued in fines against companies and individuals in the financial ...
The Insolvency Rules 2016 – improved outcome for creditors or debtors' charter?
The Insolvency Rules 2016 ("IR 2016") are due to come into force in England and Wales on 6 April 2017. Its purpose is to modernise and streamline the ...
Ventra Investments Limited v Bank of Scotland
Court strikes out parts of swap claim against bank In a recent decision in the Commercial Court, parts of a £81m claim against a bank relating to inte ...
FOS jurisdiction in the limelight as High Court Judge considers that the relationship between what is fair and reasonable, and what the law lays down, is not altogether clear
The High Court has confirmed that the Financial Ombudsman Service ("FOS") does have to consider relevant law when considering complaints but does not ...
SFO continues crack down on Unregulated Collective Investment Schemes with investigation into Ethical Forestry Limited's alleged fraudulent scheme
The SFO announced this month that it has opened a criminal investigation into an alleged fraudulent investment scheme marketed by Ethical Forestry Lim ...
Supreme Court rules on test for identification in respect of third party rights under s393 of the Financial Services and Markets Act 2000 ("the Act")
On 22 March 2017, the Supreme Court delivered its long awaited judgment in FCA v Macris [2017] UKSC 19 which determined what it means to be identified ...
Banking & Finance Disputes Journal - March 2017
DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the banking, financial, city business and general regulatory ...