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23 September 2011 / Patricia Leonard
Issue: 7482 / Categories: Opinion , Banking
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Brought to account

Patricia Leonard reviews the latest controversy to hit the banking industry

Banks in Britain, and abroad, have been subject to a fresh onslaught in recent weeks. British banks have found themselves subject to expansive and costly litigation, investigations by the Serious Fraud Office (SFO) and responding to the Basel III rules.

Three British banks—RBS, Barclays and HSBC—are among the 17 being sued in a multibillion pound lawsuit for allegedly mis-selling mortgage-backed securities by the US Federal Housing Finance Agency (FHFA). These were filed just as the limitation period was coming to an end and took the market by surprise, causing an immediate drop in share prices.

Some of the banks involved are already negotiating in the US with the attorneys general of all 50 states because of an investigation addressing mortgage abuse, making it more unlikely that a global settlement can be achieved. That these settlement negotiations are taking place in the US before a full investigation into mortgage abuses has even been completed shows how willing banks are to stave off costly litigation as soon as possible, despite robust denials of any malpractice.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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