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NLJ this week: The Consumer Duty & other incoming rules for financial institutions

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More legal duties are set to be imposed on financial institutions in 2024. In this week’s NLJ, Michael Brown, partner, and Harriet Campbell, senior knowledge lawyer, Penningtons Manches Cooper, provide an overview of the new duties, including the Consumer Duty and the reimbursement rules, and consider the future of financial disputes

They question why, given the new duties to protect consumers, can’t consumers sue for breach?

Brown and Campbell write: ‘In the event that the Financial Ombudsman Service does not consistently provide redress for consumers either for breaches of the Consumer Duty or the reimbursement rules, creative claimants may need to pursue remedies through the courts (such as the embryonic “retrieval duty”) to resolve disputes. Arguably, it would be more effective to simply provide a private right of action now…’

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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