Financial services litigation

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The High Court has handed down detailed guidance for the first time on the correct approach in law to the Financial Ombudsman’s powers to reopen complaints.

Failure to prevent fraud… and more? Anita Clifford reports on the broadening scope of the proposed ‘failure to prevent’ offences & the likelihood of their success

Does the Foreign Act of State doctrine apply at all when the foreign state itself seeks adjudication? Joseph Dyke & Anastasia Medvedskaya explore a tricky question for the English courts

Santander UK has been fined £107m for ‘serious and persistent’ gaps in its anti-money laundering (AML) controls on business banking customers.

The UK is the ‘leading Western centre for Islamic finance’, according to a TheCityUK report, ‘Islamic finance: global trends and the UK market 2022’, published last week.

The SRA has announced the publication of a range of new guidance covering the financial sanctions regime, immigration work and effective supervision. It has also issued a warning notice on involvement in strategic lawsuits against public participation (SLAPPs).

With the war in Ukraine ongoing and the after-effects of the pandemic ‘only slowly subsiding, global markets are in turmoil’, writes Cadwalader special counsel Simon Walsh, in this week’s NLJ. And what always increases during times of turmoil? Disputes.

Arbitration is becoming an increasingly attractive prospect for financial institutions dealing with disputes: Simon Walsh explains its appeal

You are the victim of fraud—how likely are you to succeed in a claim against your fraudster’s bank? In this week’s NLJ, David McIlroy, barrister at Forum Chambers, and Jon Felce, partner, and Rosie Wild, senior associate, at Cooke, Young & Keidan, address this question.

The Financial Conduct Authority (FCA), Prudential Regulation Authority and Bank of England published a discussion paper last week on diversity monitoring and reporting at financial services firms, ‘Diversity and inclusion in the financial sector’

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MOVERS & SHAKERS

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EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS

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NLJ this week: A cautionary tale of bankruptcy and digital promises

A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications

NLJ this week: Trade mark reality check for expanding brands

A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law

NLJ this week: Relocation battles demand more than good intentions

Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile

NLJ this week: Domestic abuse reform faces its hardest test

The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain

NLJ this week: Open justice push brings experts into the spotlight

A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy

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Financial services litigation

MOVERS & SHAKERS

EIP—Stuart Malcolm

Ellisons—Francesca Brown

Shakespeare Martineau—Marie Bourke