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28 April 2017 / Michel Reznik
Issue: 7743 / Categories: Features , Banking , Commercial
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Injustice in financial services disputes (Pt 1)

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Justice in financial services disputes is to be found in the common law, says Michel Reznik, as he presents the case for a Financial Services Tribunal

  • There is a gap in financial services dispute resolution.
  • Courts are too expensive for small businesses.
  • Jurisdiction of the Financial Ombudsman Service is too restrictive.

The All Party Parliamentary Groups (APPG) on Fair Business Banking and Alternative Dispute Resolution joined forces in January 2017 to announce a joint three-stage inquiry with a view to ‘produce a set of solid proposals upon which we can address the current imbalance and build a solid foundation for effective dispute resolution’ according to George Kerevan MP, the incumbent Chair of the APPG on Fair Business Banking.

The intellectual foundation for this inquiry was laid by Richard Samuel, barrister at 3 Hare Court, who published two seminal articles in the Capital Markets Law Journal, ‘Tools for changing the banking culture: FCA are you listening?’: April 2016 Volume 11 Issue 2: 129-144 and ‘Tools

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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
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