header-logo header-logo

Banks in big bother

04 July 2012
Issue: 7521 / Categories: Legal News
printer mail-detail

Banking abuse prompts reform promise from Chancellor

The Banking Reform Bill or Financial Services Bill could be amended to give regulators extra powers to deal with abuse of LIBOR and other price-setting mechanisms, Chancellor George Osborne told MPs this week.

Speaking in the House of Commons, Osborne said: “Fraud is a crime in ordinary business; why shouldn’t it be so in banking?”

Lord Turner, chairman of the Financial Services Authority (FSA), says the FSA does not have powers to pursue criminal sanctions.

Osborne said there were “gaping holes” in the law. Amendments would be brought forward to ensure fines paid by the financial services industry go to the Exchequer not the regulatory body. He has appointed Martin Wheatley, chief executive designate of the Financial Conduct Authority (one of the bodies that will replace the FSA) to review the adequacy of the UK’s civil and criminal sanctioning powers with respect to financial misconduct and market abuse.

The Serious Fraud Office is expected to decide by the end of this month whether it will bring criminal charges.

Barrister PJ Kirby, of Hardwicke, whose practice includes banking and professional negligence, says he is not surprised by the LIBOR manipulation scandal, and “often sees fairly dubious practices”.

“In a sense one wonders whether bankers have learnt anything from history in the last 160 years,” he says.

“Market manipulation has been common throughout the generations. We had the collapse of BCCI more than 20 years ago, the ‘stagging’ or multiple share applications over the sale of state assets in the 1980s, and the ‘Flaming Ferraris’ in the early 1990s, yet they keep coming round in circles.”

Issue: 7521 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll