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New Financial Services Forum Launched in Bath

Posted by , Partner

We’re delighted to announce the launch of the Bath Financial Forum in conjunction with Visit Bath and Invest in Bath. The forum aims to grow the city’s reputation as a centre of excellence for financial services firms and will provide …

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Brexit White Paper – “a real blow for the UK’s financial and related professional services sector”?

Posted by , Partner

Financial services canary wharf

The Government’s proposals for the new financial services arrangements between the UK and the EU post-Brexit, detailed in yesterday’s White Paper, have been roundly criticised by key figures within the industry. Policy chairman of the City of London Corporation Catherine McGuinness has labelled the proposals “a real blow for the UK’s financial and related professional services sector” and warned of the impact on job creation and growth in the wider economy that would result if it forms the basis of the final deal.

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European Banking Authority warns preparations for a no-deal Brexit by financial institutions are inadequate

Posted by , Partner

The European Banking Authority (“EBA”) has published an opinion in response to the current status of the Brexit negotiations. The opinion cites significant concerns regarding the preparation of financial institutions that will be affected by Brexit, particularly the impact of the potential loss of passporting rights, and highlights the potential for disruption if financial institutions are not adequately prepared for a no-deal Brexit.

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FCA issues guidance for banks with cryptoasset holding clients

Posted by , Partner

cryptocurrency

The Financial Conduct Authority (“FCA”) has issued a letter to CEOs of UK banks highlighting the potential risks faced when dealing with cryptoassets. The letter sets out good practice for banks when managing the increased risks of financial crime that dealing with cryptoassets present.

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Not in the will? Is it always about the money?

Posted by , Associate

There are various reasons why you may think you should have benefited from a Will (but didn’t!). A recent case, which went to the Court of Appeal, looked at the position of a cohabitee of over 20 years. Mr Warner wanted to stay in his deceased partner’s property, even though he was not left the property in the Will and could afford to buy his own house with personal wealth. The case highlights that the courts can look at claimants’ “maintenance needs” from a variety of angles when deciding on inheritance disputes.

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Brexit and passporting rights

Posted by , Partner

UK based financial institutions have been forced to plan for potential contingencies following the Brexit vote. The terms of the deal negotiated between the government and the EU will affect how banks prepare for Brexit.

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Mediation pre-condition to litigation

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mediation

Following on from the introduction of the EC ADR (Alternative Dispute Resolution) Directive in 2015 (which in the UK designates the Financial Ombudsman (FOS) as the appropriate mediator for financial services disputes), the European Court of Justice has held that it is possible for national legislation to require a consumer to attempt to mediate a dispute before allowing a court claim to proceed.

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PAG v RBS set to continue

Posted by , Senior Associate

RBS are no longer in the clear in their case against the Property Alliance Group, as the Court of Appeal authorises the borrowing company’s appeal.

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Loan marketing association terms are not unfair

Posted by , Senior Associate

The Court of Appeal has handed down judgment in the case of African Export-Import Bank & Ors v Shebah Exploration & Production Company Ltd & Ors [2017] EWCA Civ 845 about whether the standard terms found in the industry standard form syndicated loan documentation are “another’s written standard terms of business” for the purpose of the Unfair Contract Terms Act 1977 (UCTA) and therefore susceptible to a “reasonableness test” for the purposes of considering whether any of the terms are unfair and therefore not enforceable.

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Criminal Finances Act 2017

Posted by , Senior Associate

Financial investigation

The Act received Royal Assent on 27 April 2017. This legislation is intended to overhaul the Proceeds of Crime Act 2002 (POCA) and the anti-money laundering and confiscation regime.

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Wolfsberg guidance

Posted by , Partner

House of Lords to consider Bribery Act impact on SMEs

The Banking Industry standards organisation, the Wolfsberg Group, made up of 13 leading banks, which aims to develop frameworks and guidance for the management of financial crime risks has issued new guidance on Anti-Bribery and Corruption (ABC) compliance for financial institutions. These form the current measure of best practice for banks and other financial services businesses.

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