It is a virtue of English contract law that in litigation it produces outcomes in line with commercial expectations. For this reason, Lloyd Maynard considers dissatisfied customers within the FCA Redress Scheme are unlikely to have a claim for breach of contract. Find out why, as Lloyd addresses Mitting J’s hypothetical question raised in the recent Holmcroft Properties judicial review hearing.
This article has been published in the June 2016 edition of the Journal of International Banking and Finance Law ((2016) 6 JIBFL 356). An earlier version of the article can be found here.
"The Law & Practice of True Sales” reviewed by Darragh Connell
Darragh Connell’s review of “The Law & Practice of True Sales” (1st Ed.) has been published in the April 2016 edition of the Journal of International Banking and Financial Law ((2016) 4 JIBFL 241). The book is written by Nicholas Grandage and Daniel Franks, partners at Norton Rose Fulbright LLP. It considers the relevant English law regarding the recharacterisation of a sales transaction as something other than an outright transfer such as the creation of a mere security interest.
A new specialist list in the Commercial Court and Chancery Division has been set up to deal with complex and high-value financial disputes. A pilot scheme for determining hypothetical issues in financial disputes has also been established.
Read more about the operation of the list and the pilot scheme here.
Our barristers accept instructions from solicitors, directly from the public, and from licensed professionals. We can also introduce you to people who might be able to assist you to manage the risks of litigation.