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Securities litigation: where are we now?

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Compared to other jurisdictions, the UK has been slow to develop a route map for commencing & managing securities claims. Christian Tuddenham & Clare Hennessey explain why
  • An overview of the claims that can be brought by disgruntled investors under the Financial Services and Markets Act 2000.
  • The current status of jurisprudence and procedure in relation to these claims and future claims.

Securities litigation generally refers to claims brought by shareholders against listed companies, seeking to recover losses suffered due to a fall in the price of their shares, usually in the wake of allegations of mismanagement or wrongdoing and often against a backdrop of regulatory action.

These kinds of claims are seen relatively frequently in other jurisdictions including, notably, the US and Australia, but despite the availability of statutory redress, they have been slower to take off in the UK.

What claims can be brought?

The primary mechanism for claims in respect of publicly traded securities is statutory—pursuant to ss 90 and 90A of and

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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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