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26 February 2009
Issue: 7358 / Categories: Legal News , Banking , Commercial
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Plan for failing banks

Finance

The Bank of England, Financial Services Authority (FSA) and Treasury have been given new powers to deal speedily with failing banks.

The Banking Act 2009, which came into force last week, creates a permanent Special Resolution Regime which will act as a safeguard where the FSA decides a bank is failing or is likely to fail. The Bank of England will then choose from a range of options, including transferring the business to a commercial purchaser, transferring it to a “bridge bank” owned by the Bank of England, placing it into temporary public ownership, and closing the bank down with deposits protected up to £50,000. The regime has built-in protections for creditors, which will mean no creditor will be worse off than they would have been had the whole bank been put into administration.

The bank’s choice will be guided by the need: to maintain the stability of the UK’s financial systems; to maintain public confidence; to protect depositors; to protect public funds; and to avoid interfering with property rights.

The Act also provides for an overhaul of the Financial Services Compensation Scheme.

Issue: 7358 / Categories: Legal News , Banking , Commercial
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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