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16 October 2008
Issue: 7341 / Categories: Legal News , Banking
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Banking Bill offers a false dawn

Banking

The breathtaking provisions of the Banking Reform Bill may barely be relevant in the wider context of the banking crisis and risk undermining legal certainty for those dealing with banks in the future.

Richard Stones, financial services and market law and regulation consultant at Lovells, says that the intention of the Banking Bill was to create a virtuous circle, helping depositors gain confidence from the existence of powers. “Since then bigger problems have emerged,” he says. “The emphasis is now on intervention at a systemic level by recapitalising banks and guaranteeing their borrowings. In this context the Bill is barely relevant.” Stones believes that in the current crisis it is easy to overlook the extraordinary powers of the Bill: “At the stroke of a pen the authorities can change ownership of assets, rewrite contracts, override restrictions on transfers and amend legislation. There are no entrenched safeguards to prevent the authorities from ‘cherrypicking’ the good assets, leaving unfavoured creditors with the bad.”

Issue: 7341 / Categories: Legal News , Banking
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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