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Financial services litigation

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Dan Moore, Richard Ellis & Jack Sears provide a guide for insolvency practitioners
Dan Moore, Richard Ellis and Jack Sears of Charles Russell Speechlys offer a vital guide for insolvency practitioners (IPs) navigating the UK’s financial services regulatory maze, in this week's NLJ
The rules and regulations on debanking (where a bank terminates its relationship with a customer) are due to change next year. In this week’s NLJ, David Hamilton, partner at Howard Kennedy, sets out the likely changes and explores the implications for payment services firms
David Hamilton on how the UK’s new debanking rules reshape financial services risk management
Ceri Morgan analyses the response to lender liability in motor finance broker commission cases
FirstRand, a hotly-anticipated Supreme Court judgment likely to arrive in July, could have far-reaching implications for the motor finance and wider financial services industries. In this week’s NLJ, Ceri Morgan, membership secretary of the London Solicitors Litigation Association, and knowledge counsel at Herbert Smith Freehills, explores the fiduciary duties involved, the key questions that will need to be answered by the Supreme Court, and the impact on the motor finance market
The Johnson v FirstRand Bank case on ‘secret’ commissions for motor finance is causing quite a stir, but should it have been brought at all? In this week’s NLJ, Fred Philpott, Gough Square Chambers, writes: ‘The whole premise of the case is false; there were no real “commissions”, let alone fiduciary relationships.’
Johnson v FirstRand sent ‘shockwaves through the financial services industry’, write Eddie Flanagan, partner and specialist in asset and debt recovery, and Harpreet Sandhu, Chartered Legal Executive at Shakespeare Martineau, in this week’s NLJ. They discuss the case and its astonishing implications. For example, Santander UK revealed in November that it has set aside £295m for potential compensation.
With shockwaves from the motor finance commissions case continuing to reverberate, Eddie Flanagan & Harpreet Sandhu explain why it is time for the financial services sector to reflect on compliance & customer trust
The Financial Conduct Authority (FCA) has said it will consult on an industry-wide redress scheme if consumers have lost out due to secret commissions on motor finance.
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MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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