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26 February 2009
Issue: 7358 / Categories: Legal News , Banking , Commercial
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Plan for failing banks

Finance

The Bank of England, Financial Services Authority (FSA) and Treasury have been given new powers to deal speedily with failing banks.

The Banking Act 2009, which came into force last week, creates a permanent Special Resolution Regime which will act as a safeguard where the FSA decides a bank is failing or is likely to fail. The Bank of England will then choose from a range of options, including transferring the business to a commercial purchaser, transferring it to a “bridge bank” owned by the Bank of England, placing it into temporary public ownership, and closing the bank down with deposits protected up to £50,000. The regime has built-in protections for creditors, which will mean no creditor will be worse off than they would have been had the whole bank been put into administration.

The bank’s choice will be guided by the need: to maintain the stability of the UK’s financial systems; to maintain public confidence; to protect depositors; to protect public funds; and to avoid interfering with property rights.

The Act also provides for an overhaul of the Financial Services Compensation Scheme.

Issue: 7358 / Categories: Legal News , Banking , Commercial
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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