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The regulatory outlook – a period of transition
Posted: 17/01/2025
Over the coming year, the financial regulation team will be writing a series of articles on the future of financial regulation in the brave new world of Brexit, a Labour government, the Trump administration, and the imperative for growth. This first article will look at the various tensions within the HR aspect of financial regulation......>>
How will the Conservatives and Labour help support the fintech sector?
Posted: 02/07/2024
The Conservatives’ promises for fintech are largely contained within the Edinburgh Reforms, the Mansion House Compact and the Future of Payments Review, which taken together set out what we can expect for fintech if the Conservatives were to continue in government. Interestingly, Labour’s approach to fintech and financial services......>>
When can you obtain judgment against an ‘unknown’ defendant? Mooij v Persons Unknown
Posted: 27/06/2024
In a recent High Court case, Mooij v Persons Unknown, the court granted summary judgment for a monetary amount against unknown crypto-fraudsters. This decision is significant because it confirms that while enforcing a judgment against an unknown defendant may be difficult, it is not a reason not to grant it. The case also highlights......>>
Banks have new duties to protect consumers – so why can’t consumers sue for breach?
Posted: 18/06/2024
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 do consumers not have a private right of action for breach of these duties, when such a right......>>
Are fraudsters (soul)bound to fail? An overview of soulbound tokens and their use in fighting fraud
Posted: 04/04/2024
A recent judgment of the High Court of Singapore has authorised the tokenisation of a worldwide freezing order as a soulbound token (SBT), to be attached to private (cold) wallets associated with fraud via a ‘souldrop’ (largely equivalent to an NFT-airdrop). The SBT, which permanently attaches to the cold wallet, not only serves the court documents......>>
Can pensions expose you to criminal liabilities?
Posted: 14/03/2024
The short answer is yes; that is because the law specifically provides for it now in certain circumstances. The risks associated with defined benefit or final salary pension schemes are not purely financial ones. You may know that The Pensions Regulator (TPR) has powers to order a contribution to be made to, or another form of financial support......>>
Representations, reverse engineering, and Russian dolls: a case study in complexity in Loreley v Credit Suisse
Posted: 22/02/2024
Most businesses presume that their counterparts are honest. But can you claim for misrepresentation if that presumption proves wrong? In Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd & Ors [2023] EWHC 2759 (Comm), the court confirmed that the answer, generally, is no. Rejecting the fraudulent......>>
Greenwashing: the gathering storm of disclosure regulation and litigation risks in the financial services sector (part one)
Posted: 27/11/2023
The rise in popularity of sustainable finance products and green funds has been so rapid in recent years that in 2022 it was estimated 10% of the world’s assets were held in ESG-focused funds. However, the soaring appeal of green finance has been allied with concerns that investors may not be receiving an accurate picture about the sustainability......>>
Subscription traps: new law on the way
Posted: 14/09/2023
The long-awaited Digital Markets, Competition and Consumers Bill (the DMCC) was introduced to Parliament on 25 April 2023 and is now at Committee stage in the House of Commons. Touted as the 'new bill to stamp out unfair practices and promote competition in digital markets', the DMCC enhances the Competition and Markets......>>
The FCA’s policy statement on financial promotion rules for cryptoassets
Posted: 22/08/2023
In June 2023, the Financial Conduct Authority (FCA) published the catchily titled PS23/6: Financial promotion rules for cryptoassets, which include a set of near final rules that are expected to be brought into force by the FCA through a statutory instrument later this year, known as the Financial Promotion Order (FPO). This article discusses......>>
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