FCA reforms clarify e-money customer fund protection requirements – OUT-LAW.com

‘Proposals by the UK’s Financial Conduct Authority will directly affect the way in which e-money firms handle customer funds prior to and during an insolvency process.’

Full Story

OUT-LAW.com, 4th December 2024

Source: www.pinsentmasons.com

Pioneering collective action settles subject to tribunal approval – Legal Futures

Posted December 4th, 2024 in appeals, banking, class actions, compensation, consumer protection, news by tracey

‘The groundbreaking collective action brought against Mastercard has settled, subject to approval by the Competition Appeal Tribunal (CAT), it was announced yesterday.’

Full Story

Legal Futures, 4th November 2024

Source: www.legalfutures.co.uk

ICO calls on businesses to share data for tackling fraud – OUT-LAW.com

‘The UK’s data protection regulator has asked banks, telecommunications providers and digital platforms to share personal information responsibly to protect their customers from scams and fraud, and clarified that data protection law is not an excuse for failing to do so.’

Full Story

OUT-LAW.com, 26th November 2024

Source: www.pinsentmasons.com

FCA v BlueCrest Capital Management – Blackstone Chambers

Posted November 13th, 2024 in appeals, banking, chambers articles, jurisdiction, news, tribunals by sally

‘The Court of Appeal has today given judgment in a landmark case addressing the scope of the Upper Tribunal’s jurisdiction in financial services cases and the power of the FCA to impose redress requirements on individual firms. The Court allowed the FCA’s appeal and dismissed the Respondent’s cross-appeal.’

Full Story

Blackstone Chambers, 2nd October 2024

Source: www.blackstonechambers.com

Metro Bank fined nearly £17m for failure to monitor potential money laundering – The Guardian

Posted November 13th, 2024 in banking, financial services ombudsman, fines, money laundering, news by sally

‘Metro Bank has been fined nearly £17m by the UK’s financial watchdog for failings in its money-laundering controls over four years, in a fresh blow to the lender a year on from its near-collapse.’

Full Story

The Guardian, 12th November 2024

Source: www.theguardian.com

UK financial regulators issue guidance on authorised person changes in control – OUT-LAW.com

‘New Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) guidance sets out the regulators’ expectations on interpreting key concepts relevant to change in control.’

Full Story

OUT-LAW.com, 11th November 2024

Source: www.pinsentmasons.com

Lloyds suspends commission payments after ‘seismic’ ruling on UK car finance – The Guardian

Posted October 31st, 2024 in appeals, banking, consumer protection, loans, news by michael

‘Lloyds Banking Group has scrapped commission payments across its £15bn motor finance arm after a landmark ruling on car loan misselling, as industry and Treasury officials hold urgent talks amid fears of contagion across the wider financial sector.’

Full Story

The Guardian, 30th October 2024

Source: www.theguardian.com

UK ruling clarifies ‘fixed establishment’ in VAT group cases – OUT-LAW.com

Posted September 9th, 2024 in banking, company law, foreign companies, HM Revenue & Customs, news, taxation, VAT by tracey

‘Foreign companies need to have a substantial presence in the UK, including adequate human and technical resources, for their branch to qualify as a “fixed establishment”, a necessary condition for being treated as a member of a value added tax (VAT) group in the UK, a recent ruling has confirmed.’

Full Story

OUT-LAW.com, 6th September 2024

Source: www.pinsentmasons.com

Is cash king? The fundamental shift in retail banking, the FCA’s concerns and approach – Mountford Chambers

‘Fatima Jama explores the FCA’s new regulatory regime requiring banks and building societies designated by the Government to assess and fill gaps, or potential gaps, in cash access provision that significantly impact consumers and businesses.’ 

Full Story

Mountford Chambers, 5th August 2024

Source: www.mountfordchambers.com

Watchdog makes big cut to fraud compensation plans – BBC News

Posted September 5th, 2024 in banking, codes of practice, compensation, consumer protection, fraud, news by sally

‘The official payment watchdog has considerably scaled back proposed rules designed to force banks and payment companies to refund fraud victims.’

Full Story

BBC News, 4th September 2024

Source: www.bbc.co.uk

SRA: Convictions highlight Chinese ‘underground banking’ danger – Legal Futures

‘The sentencing of seven people involved in a money laundering network via Chinese underground banking is a valuable reminder to solicitors of its risks, the Solicitors Regulation Authority (SRA) has said.’

Full Story

Legal Futures, 30th August 2024

Source: www.legalfutures.co.uk

High Court decisions show developing court approach to dishonest assistance and unjust enrichment claims – OUT-LAW.com

Posted June 25th, 2024 in banking, breach of trust, fraud, news by tracey

‘Two recent High Court decisions considered how the legal doctrines of dishonest assistance in a breach of trust and unjust enrichment can be applied in the context of a bank or e-money institution receiving payments that have been procured by fraud.’

Full Story

OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

Banking fraudster sentenced – Crown Prosecution Service

Posted May 28th, 2024 in banking, loans, news, pensions, sentencing by tracey

‘A banking fraudster has been sentenced for making fake applications to banks and a pension company to obtain loans, banking, and pension facilities, totalling around £178,000 in potential losses.’

Full Story

Crown Prosecution Service, 24th May 2024

Source: www.cps.gov.uk

First trader to be jailed for rate rigging will go to the Supreme Court to clear his name – The Independent

Posted May 22nd, 2024 in appeals, banking, conspiracy, fraud, news, rates, Supreme Court by sally

‘The first trader jailed worldwide for Libor interest rate rigging has been left with a possible route clear his name, despite being refused permission to appeal against his conviction at the UK’s Supreme Court.’

Full Story

The Independent, 21st May 2024

Source: www.independent.co.uk

A lonely island in the LIBOR scandal – Law Society’s Gazette

Posted May 9th, 2024 in appeals, banking, fraud, interest, news, Supreme Court by sally

‘Afascinating debate looks set to continue to the Supreme Court after the Court of Appeal dismissed the appeals of former traders Tom Hayes and Carlo Palombo. This case not only places traders back in the spotlight; it also subjects the Court of Appeal itself to scrutiny for the global uncertainty resulting from its judgment and its role as gatekeeper to the Supreme Court.’

Full Story

Law Society's Gazette, 7th May 2024

Source: www.lawgazette.co.uk

Recission for unilateral mistake: Barclays Bank UK PLC v (1) Terry & (2) Terry [2023] EWHC 2726 (Ch) and [2023] EWHC 3113 (Ch) – Gatehouse Chambers

Posted April 29th, 2024 in banking, chambers articles, land registration, mortgages, news by sally

‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’

Full Story

Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

Interest rate rigging appeal must go to top court, say politicians – BBC News

Posted April 3rd, 2024 in appeals, banking, imprisonment, interest, news, rates, sentencing, Supreme Court by tracey

‘Two former bankers jailed for rigging interest rates must have their appeal heard by the Supreme Court, senior politicians have said.’

Full Story

BBC News, 3rd April 2024

Source: www.bbc.co.uk

Nationwide TV ads starring Dominic West banned as misleading – The Guardian

Posted April 3rd, 2024 in advertising, banking, building societies, complaints, news, ombudsmen by tracey

‘Adverts featuring the actor Dominic West as a sneering bank manager will be pulled from TV in their current form after the advertising watchdog ruled they were misleading because they wrongly suggest that the building society had not closed branches.’

Full Story

The Guardian, 3rd April 2024

Source: www.theguardian.com

Former traders Tom Hayes and Carlo Palombo’s convictions upheld by Court of Appeal – Law Society’s Gazette

Posted March 28th, 2024 in appeals, banking, conspiracy, fraud, interest, news by tracey

‘Two former traders jailed over the manipulation of key benchmark interest rates today had their convictions upheld by the Court of Appeal.’

Full Story

Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

Jailed bankers appeal against interest rate ‘rigging’ convictions – BBC News

‘Two former bankers jailed for rigging interest rates are appealing against their convictions after an eight-year battle to clear their names.’

Full Story

BBC News, 14th March 2024

Source: www.bbc.co.uk