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28 April 2017 / Michel Reznik
Issue: 7743 / Categories: Features , Banking , Commercial
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Injustice in financial services disputes (Pt 1)

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Justice in financial services disputes is to be found in the common law, says Michel Reznik, as he presents the case for a Financial Services Tribunal

  • There is a gap in financial services dispute resolution.
  • Courts are too expensive for small businesses.
  • Jurisdiction of the Financial Ombudsman Service is too restrictive.

The All Party Parliamentary Groups (APPG) on Fair Business Banking and Alternative Dispute Resolution joined forces in January 2017 to announce a joint three-stage inquiry with a view to ‘produce a set of solid proposals upon which we can address the current imbalance and build a solid foundation for effective dispute resolution’ according to George Kerevan MP, the incumbent Chair of the APPG on Fair Business Banking.

The intellectual foundation for this inquiry was laid by Richard Samuel, barrister at 3 Hare Court, who published two seminal articles in the Capital Markets Law Journal, ‘Tools for changing the banking culture: FCA are you listening?’: April 2016 Volume 11 Issue 2: 129-144 and ‘Tools for Culture Change: FCA now you are listening!’. Richard

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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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