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Related news & insights - Michael Brown
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......>>
Investor protection: a guide to spread betting
Posted: 02/02/2024
Placing a spread bet is when you bet on the movement of a financial market. You do not purchase the underlying security or asset that you are betting on, you are instead betting on the direction that you think the price of the security or asset will go. These bets can be placed in relation to a variety of different securities and assets including......>>
Investor protection: a quick guide to the Conduct of Business Sourcebook
Posted: 13/12/2023
The Financial Conduct Authority (FCA) Handbook contains the Conduct of Business Sourcebook (COBS) which sets out rules for the way firms regulated by the FCA conduct their business. These guidelines include rules both for the conduct of business with retail and professional clients and for the disclosure of information......>>
Investor protection: a quick guide to PRIIPs
Posted: 05/12/2023
Packaged Retail and Insurance Based Investment Products (PRIIPs) is an EU regulation brought into force on 26 November 2015 which set out a requirement for the provision of Key Information Documents in relation to certain financial products. The intention of the regulation was to improve the information provided to retail customers......>>
Class actions in England and Wales: a client guide
Posted: 24/11/2023
Class actions are becoming increasingly popular in England and Wales, with this type of litigation ranging from those claims brought together by a few individuals to ‘opt-out’ collective or representative proceedings which may be brought on behalf of potentially millions of individuals. The infrastructure in England and Wales to manage such claims......>>
Philipp v Barclays Bank - Supreme Court judgment finds payment service providers are not liable to reimburse victims of 'APP' fraud
Posted: 12/07/2023
On Wednesday, 12 July 2023, the Supreme Court handed down its decision in Fiona Philipp v Barclays Bank UK Plc. In what is a blow to consumers and a relief for banks, the Supreme Court has disagreed with the Court of Appeal’s decision and ruled in favour of Barclays, meaning victims of authorised push payment (APP) fraud cannot call......>>
Fiona Philipp v Barclays Bank UK Plc - no common law protection for victims of APP fraud
Posted: 12/07/2023
On Wednesday 12 July 2023, the Supreme Court handed down its judgment in Fiona Philipp v Barclays Bank UK Plc [2023] UKSC 25 reversing the Court of Appeal’s decision. The public interest in this case centred around liability for losses sustained by bank customers through authorised push payment (APP) fraud......>>
Thousands of declined Covid-19 business interruption claims may need to be re-opened following a major new High Court decision in favour of policyholders
Posted: 28/06/2023
On Friday 16 June 2023, Mr Justice Jacobs handed down his hugely significant judgment in the case of London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc & Ors [2023] EWHC 1481 (Comm). Set out over some 145 pages of detailed analysis, this is an important decision which will be welcomed by tens of......>>
CP22/20: FCA consultation paper on Sustainability Disclosure Requirements and investment labels
Posted: 24/01/2023
According to the Financial Conduct Authority (FCA), UK consumer confidence in ESG-related or sustainable investment products has been negatively impacted by investment firms’ propensity to make exaggerated, misleading or unsubstantiated sustainability-related claims about their products (whether intentionally or unintentionally)......>>
How to implement a Consumer Duty implementation plan
Posted: 20/12/2022
The burden on financial institutions to protect their consumers is rapidly and significantly expanding. More than ever, these businesses not only need to protect their customers from bad outcomes but also have a positive duty to have - and must be able to evidence - measures and procedures to promote good outcomes......>>
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