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23 September 2011 / Patricia Leonard
Issue: 7482 / Categories: Opinion , Banking
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Brought to account

Patricia Leonard reviews the latest controversy to hit the banking industry

Banks in Britain, and abroad, have been subject to a fresh onslaught in recent weeks. British banks have found themselves subject to expansive and costly litigation, investigations by the Serious Fraud Office (SFO) and responding to the Basel III rules.

Three British banks—RBS, Barclays and HSBC—are among the 17 being sued in a multibillion pound lawsuit for allegedly mis-selling mortgage-backed securities by the US Federal Housing Finance Agency (FHFA). These were filed just as the limitation period was coming to an end and took the market by surprise, causing an immediate drop in share prices.

Some of the banks involved are already negotiating in the US with the attorneys general of all 50 states because of an investigation addressing mortgage abuse, making it more unlikely that a global settlement can be achieved. That these settlement negotiations are taking place in the US before a full investigation into mortgage abuses has even been completed shows how willing banks are to stave off costly litigation

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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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