29 September 2014
We look at the financial implications of cyber attacks, the insurance policy options available and the issues surrounding penalties for data loss.
29 September 2014
We provide a reminder of the Financial Ombudsman Service’s complaints handling procedure, highlighting the rules in relation to timings, costs and the reasoning used to determine claims. We also review a recent significant case and consider the difficulty of challenging a FOS decision.
10 September 2014
The Courts have been considering who, if anyone, is liable to a customer when CHAPS transfer details are incorrectly entered. In July 2014, the Court of Appeal handed down its decision concerning accuracy of CHAPS payment requests in Tidal Energy Limited v Bank of Scotland.
27 August 2014
Last month the FCA published the findings from its thematic review of best execution and payment for order flow (PFOF). We consider the key issues identified and the actions firms should be undertaking in light of it.
06 August 2014
The HSE was wrong to issue a Prohibition Notice without first giving the recipient an opportunity to prove that safety was not at risk. We look at the recent case of Rotary Yorkshire Ltd v Hague in which, on appeal from an employment tribunal, the Court quashed a prohibition notice which had been issued by the HSE against a construction site sub-contractor.
14 July 2014
There have been some important and interesting announcements over the past couple of months which highlight the Government’s continued commitment to encouraging infrastructure projects. In line with the announcement in the Autumn Statement, the Government has published the Infrastructure Bill. This covers some significant areas which are intended to facilitate the growth of industry and make the country more economically competitive internationally.
14 July 2014
A parent company can in certain circumstances be held liable for the health and safety breaches of its subsidiary. This article looks at when this duty can arise and what factors you should be considering in order to manage the risk.
30 June 2014
An investigation by a regulator or criminal prosecution can be a significant strain on a business’ resources and involve considerable expense. This briefing provides an overview of the types of insurance available to cover the cost of defending prosecutions and dealing with regulatory investigations and proceedings.
27 June 2014
Financial services regulation consists of a complex web of legislation, regulatory rules and guidance and case law that is applied at both a regulatory level and by the courts. This month’s briefing looks at how the FCA and the courts interact when it comes to regulatory enforcement.
30 May 2014
This briefing takes a closer look at Employers’ Liability Insurance. We provide a useful overview for businesses and address some key questions.
30 May 2014
Welcome to the eighth instalment in our Financial Services Series (FSS#8). The current Significant Influence Functions (“SIF”) regime will soon be replaced by a new Senior Managers regime for Banks. In this month's issue, we consider what SIFs are and the key aspects of the approach towards them. We also take a closer look at the new Senior Managers regime.
29 April 2014
Welcome to the seventh instalment in our Financial Services Series (FSS#7). In this issue, we look at thematic reviews used by the FCA to investigate risks which may affect a wider market.
29 April 2014
We take a closer look at the meaning of captive insurance and the different forms in which it can be structured. Why consider using captive insurance? What are the risks?
31 March 2014
In the recent case of Your Response Ltd v Datateam Business Media Ltd the Court of Appeal held that it was not possible to exercise a lien over an electronic database.
31 March 2014
Many of the harsher features of insurance law are in the process of being reformed. We take a look at proposals of particular interest to businesses purchasing insurance.
25 March 2014
Welcome to the sixth instalment in our Financial Services Series (FSS#6). In this issue, we look at what a Skilled Person Report is, the circumstances in which the Regulators are likely to use them, and the practical issues arising in dealing with Skilled Persons and their Reports.
28 February 2014
Welcome to the fifth instalment in our Financial Services Series (FSS#5). In this month's bulletin, we look at interviews with the FCA and provide practical tips in the event that you are faced with a request or demand for an interview.
27 February 2014
Businesses can find they have placed more than one insurance policy which could respond to an incident. Our insurance team takes a look at the general principles and the practical considerations.
25 February 2014
Corporate officers need to be aware when conducting litigation on behalf of the company that they may personally be made responsible, with criminal sanction, if they do not obey the court strictly.
24 February 2014
Our construction and engineering newsletter highlights the Court of Appeal decisions that have particular relevance to the construction industry. We also provide an update on HSE's current thinking on the overhaul of CDM.
28 January 2014
This month our Construction and Engineering newsletter focuses on intellectual property issues in construction.
27 January 2014
Welcome to the fourth in our Financial Services Series (FSS#4). In this issue, we focus on the FCA’s powers to request information from regulated firms. We provide some practical tips to efficiently manage information requests and highlight the key FCA sources of guidance and information.
06 January 2014
The construction and energy sectors will be subjected to a specific “sector sweep” anti-bribery investigation by the Serious Fraud Office after they were identified as being particularly vulnerable to economic crime. We take a closer look at The Bribery Act 2010 and highlight crucial steps to minimise the risks.
23 December 2013
Welcome to the third in our Financial Services Series (FSS#3). In this issue, we discuss the sanctions the FCA has at its disposal. We take a look at sanctions available to the Regulator, recent trends in this area and consider what the future might hold.
19 December 2013
Our review of the most significant real estate disputes cases of the last 12 months.
10 December 2013
Can directors challenge an administrator’s appointment and is the defence of that challenge an expense of the administration?
06 December 2013
The Serious Organised Crime Agency has been replaced by a brand new institution, the National Crime Agency (NCA) as the UK’s national crime fighting agency targeting serious organised crime. Our Fraud and White Collar Crime team look at the NCA’s role in investigating and preventing economic crime.
29 November 2013
The Court of Appeal recently handed down a judgment relating to three separate appeals concerning the interaction between a French law known as the “French Blocking Statute” and French companies’ disclosure obligations when involved in English litigation in the English Courts.
26 November 2013
This article briefly describes how a third party can take an interest in insurance cover and certain key issues to look out for when doing so. We look at mechanisms such as noting an interest, loss payee clauses, and co-insurance, and highlight factors to consider when determining the appropriate protection.
25 November 2013
Welcome to the second in our Financial Services Series (FSS#2). This issue deals with the FCA’s enforcement powers and process, aiming to provide a user-friendly overview and practical tips for the smooth management of the regulated firm’s relationship with the FCA at each stage of the process.
22 November 2013
This was the question put to the Supreme Court in Woodland v Essex County Council UKSC 66. The unfortunate circumstances of the case involved a 10 year old schoolgirl who suffered severe brain damage during a swimming lesson organised by her maintained school but provided by a private contractor.
15 November 2013
Jeremy Dickerson and Georgina Shaw have published an article in 'World Trademark Review Daily' on the recent claim by Casino de Monte-Carlo for trademark infringement and passing off, which was dismissed on both counts. This article first appeared on WTR Daily, part of World Trademark Review, in October 2013.
24 October 2013
In publishing its Arbitration Guide (September 2013), the ISDA has addressed a growing trend towards the use of arbitration as a means of resolving disputes in the financial services sector. Kari McCormick and Rupert Hyde comment in our latest dispute resolution briefing.
23 October 2013
Our Dispute Resolution team sets out a very simple overview for non-contentious lawyers of what litigation lawyers mean when they advise about settlement options in relation to an ongoing or potential dispute.
10 October 2013
Welcome to the first in our Financial Services Series, monthly bulletins for the regulated financial services sector dealing with important aspects of regulation. Over the course of the next 12 months, the intention is to provide practical tips for the smooth management of the regulated firm’s relationship with the FCA.
10 October 2013
The Bribery Act 2010 has lain in a slumber since its birth, three years ago. However, it appears finally to have stirred with the first prosecution being brought by the Serious Fraud Office. This note summarises the offences under the Act, what steps businesses should take and the currently available details on the SFO’s first prosecution.
10 October 2013
Following closure of the Serious Fraud Office’s consultation on the use of Deferred Prosecution Agreements (DPAs), DPAs could be available to prosecutors as early as February 2014. Read our briefing for more information.