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Right to redress for bank customers?

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Banks have new duties to protect consumers —so why can’t consumers sue for breach, ask Michael Brown & Harriet Campbell
  • Considers the new duties on banks, the apparent policy shift away from the private right of action, and looks at the potential consequences for both consumers and financial institutions.

Fairness to consumers and the integrity of the financial markets underpin the new duties being imposed on financial institutions in 2024. But is it fair that a consumer can only seek redress for breach from an ombudsman and not the court? And why can’t consumers have a private right of action for breach of these duties when such a right exists for breaches of other Financial Conduct Authority (FCA) rules?

The Consumer Duty & the reimbursement rules

The Consumer Duty came into force for most financial products in July 2023, and by July 2024 will be fully in force. The duty is intended to promote fairness and is ‘outcomes-based’. But if the outcome is not what

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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