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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

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

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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