Banking and finance dispute resolution By Jonathan Brogden For the latest news and comment on banking and finance disputes.
GC Collective By Ben Daniels The GC Collective collection offers insight and comment for General Counsels (GCs) and in-house legal teams.
Banking & Finance Disputes Update - June 2018 By Jonathan Brogden 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.
The Supreme Court's landmark decision on No Oral Modification clauses The Supreme Court recently handed down its judgment in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24, in which it examined whether what is commonly known as a "No Oral Modification" clause (or a "NOM") in a…
Private Equity - avoiding liability for wrongdoing of a portfolio company By Julian Bubb Humfryes A successful private equity investment depends on containing liabilities in the portfolio company. Firms need to prevent clams against portfolio companies creeping up to the fund level. Conversely, claimants against portfolio companies have every…
Will Unexplained Wealth Orders limit the influx of Russian money to the UK? By Pippa Ellis Following the alleged poisoning of the former Russian spy, Sergei Skripal and his daughter earlier in the year, there has been much coverage in the press about the UK turning a blind eye to "dirty Russian money". Indeed, the Commons Foreign Affairs…
Banking & Finance Disputes Update - May 2018 By Jonathan Brogden 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.
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 services sector, compared with nearly £1bn handed down in 2015. In fact, 2016 saw among the lowest…
The Insolvency Rules 2016 – improved outcome for creditors or debtors' charter? By Pippa Ellis 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 insolvency process in England and Wales in order to reduce the costs and potentially increase…
Ventra Investments Limited v Bank of Scotland By Jonathan Brogden 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 interest rate swaps have been struck out. Background Bank of Scotland ("BOS") began lending money…
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 By Jonathan Brogden The High Court has confirmed that the Financial Ombudsman Service ("FOS") does have to consider relevant law when considering complaints but does not have to apply it strictly if in the view of the Adjudicator, it would lead to a conclusion contrary…
SFO continues crack down on Unregulated Collective Investment Schemes with investigation into Ethical Forestry Limited's alleged fraudulent scheme By Laura Berry The SFO announced this month that it has opened a criminal investigation into an alleged fraudulent investment scheme marketed by Ethical Forestry Limited and its associated companies. The FCA also carried out an investigation into these companies…
