UK ruling clarifies ‘fixed establishment’ in VAT group cases – OUT-LAW.com

Posted September 9th, 2024 in banking, company law, foreign companies, HM Revenue & Customs, news, taxation, VAT by tracey

‘Foreign companies need to have a substantial presence in the UK, including adequate human and technical resources, for their branch to qualify as a “fixed establishment”, a necessary condition for being treated as a member of a value added tax (VAT) group in the UK, a recent ruling has confirmed.’

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OUT-LAW.com, 6th September 2024

Source: www.pinsentmasons.com

Is cash king? The fundamental shift in retail banking, the FCA’s concerns and approach – Mountford Chambers

‘Fatima Jama explores the FCA’s new regulatory regime requiring banks and building societies designated by the Government to assess and fill gaps, or potential gaps, in cash access provision that significantly impact consumers and businesses.’ 

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Mountford Chambers, 5th August 2024

Source: www.mountfordchambers.com

Watchdog makes big cut to fraud compensation plans – BBC News

Posted September 5th, 2024 in banking, codes of practice, compensation, consumer protection, fraud, news by sally

‘The official payment watchdog has considerably scaled back proposed rules designed to force banks and payment companies to refund fraud victims.’

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BBC News, 4th September 2024

Source: www.bbc.co.uk

SRA: Convictions highlight Chinese ‘underground banking’ danger – Legal Futures

‘The sentencing of seven people involved in a money laundering network via Chinese underground banking is a valuable reminder to solicitors of its risks, the Solicitors Regulation Authority (SRA) has said.’

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Legal Futures, 30th August 2024

Source: www.legalfutures.co.uk

High Court decisions show developing court approach to dishonest assistance and unjust enrichment claims – OUT-LAW.com

Posted June 25th, 2024 in banking, breach of trust, fraud, news by tracey

‘Two recent High Court decisions considered how the legal doctrines of dishonest assistance in a breach of trust and unjust enrichment can be applied in the context of a bank or e-money institution receiving payments that have been procured by fraud.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

Banking fraudster sentenced – Crown Prosecution Service

Posted May 28th, 2024 in banking, loans, news, pensions, sentencing by tracey

‘A banking fraudster has been sentenced for making fake applications to banks and a pension company to obtain loans, banking, and pension facilities, totalling around £178,000 in potential losses.’

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Crown Prosecution Service, 24th May 2024

Source: www.cps.gov.uk

First trader to be jailed for rate rigging will go to the Supreme Court to clear his name – The Independent

Posted May 22nd, 2024 in appeals, banking, conspiracy, fraud, news, rates, Supreme Court by sally

‘The first trader jailed worldwide for Libor interest rate rigging has been left with a possible route clear his name, despite being refused permission to appeal against his conviction at the UK’s Supreme Court.’

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The Independent, 21st May 2024

Source: www.independent.co.uk

A lonely island in the LIBOR scandal – Law Society’s Gazette

Posted May 9th, 2024 in appeals, banking, fraud, interest, news, Supreme Court by sally

‘Afascinating debate looks set to continue to the Supreme Court after the Court of Appeal dismissed the appeals of former traders Tom Hayes and Carlo Palombo. This case not only places traders back in the spotlight; it also subjects the Court of Appeal itself to scrutiny for the global uncertainty resulting from its judgment and its role as gatekeeper to the Supreme Court.’

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Law Society's Gazette, 7th May 2024

Source: www.lawgazette.co.uk

Recission for unilateral mistake: Barclays Bank UK PLC v (1) Terry & (2) Terry [2023] EWHC 2726 (Ch) and [2023] EWHC 3113 (Ch) – Gatehouse Chambers

Posted April 29th, 2024 in banking, chambers articles, land registration, mortgages, news by sally

‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’

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Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

Interest rate rigging appeal must go to top court, say politicians – BBC News

Posted April 3rd, 2024 in appeals, banking, imprisonment, interest, news, rates, sentencing, Supreme Court by tracey

‘Two former bankers jailed for rigging interest rates must have their appeal heard by the Supreme Court, senior politicians have said.’

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BBC News, 3rd April 2024

Source: www.bbc.co.uk

Nationwide TV ads starring Dominic West banned as misleading – The Guardian

Posted April 3rd, 2024 in advertising, banking, building societies, complaints, news, ombudsmen by tracey

‘Adverts featuring the actor Dominic West as a sneering bank manager will be pulled from TV in their current form after the advertising watchdog ruled they were misleading because they wrongly suggest that the building society had not closed branches.’

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The Guardian, 3rd April 2024

Source: www.theguardian.com

Former traders Tom Hayes and Carlo Palombo’s convictions upheld by Court of Appeal – Law Society’s Gazette

Posted March 28th, 2024 in appeals, banking, conspiracy, fraud, interest, news by tracey

‘Two former traders jailed over the manipulation of key benchmark interest rates today had their convictions upheld by the Court of Appeal.’

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Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

Jailed bankers appeal against interest rate ‘rigging’ convictions – BBC News

‘Two former bankers jailed for rigging interest rates are appealing against their convictions after an eight-year battle to clear their names.’

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BBC News, 14th March 2024

Source: www.bbc.co.uk

Case Comment: Target Group Ltd v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 35 – UKSC Blog

Posted March 14th, 2024 in banking, news, Supreme Court, VAT by sally

‘In this post, Mark Whiteside, Partner at CMS, and Johanna Dodgson, Associate at CMS, comment on the Supreme Court’s judgment in Target Group Ltd v Commissions for His Majesty’s Revenue and Customs [2023] UKSC 35.’

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UKSC Blog, 12th March 2024

Source: ukscblog.com

Lies, damned lies and fakery – UK Human Rights Blog

Posted March 11th, 2024 in arbitration, banking, foreign jurisdictions, fraud, human rights, judgments, news by tracey

‘Contax Partners inc BVI v Kuwait Finance House and others [2024] EWHC 436 (Comm). Legal news abounds these days with stories of fabricated decisions and authorities generated by ChatGPT and similar AI mechanisms. But there’s nothing like a bit of old-fashioned human plagiarism to tickle the palates, and the full force of a judge’s fury was unleashed on such an attempt recently in the High Court.’

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UK Human Rights Blog, 9th March 2024

Source: ukhumanrightsblog.com

Claimant “does not know” identity of funder backing her case – Legal Futures

‘The High Court has rejected an attempt to progress a challenge to a major international tax transparency measure where the claimant has refused to identify their litigation funder.’

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Legal Futures, 11th March 2024

Source: www.legalfutures.co.uk

Dozens of ‘major’ compliance breaches at Bank of England, NAO reports – The Guardian

Posted March 4th, 2024 in auditors, banking, news, ombudsmen by tracey

‘Dozens of “major” compliance breaches have been unearthed at the Bank of England, despite progress to fix shortcomings after misuse of the central bank’s audio feed by hedge funds four years ago.’

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The Guardian, 4th March 2024

Source: www.theguardian.com

Insider trading conviction highlights FCA market abuse crackdown – OUT-LAW.com

‘A recent criminal conviction secured by the Financial Conduct Authority (FCA) in a case of insider trading highlights the UK regulator’s intention to proactively crackdown on cases of market abuse – not just with criminal prosecutions but through the enforcement of regulation too, a former senior market regulator has said.’

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OUT-LAW.com, 23rd February 2024

Source: www.pinsentmasons.com

Regulatory references under SMCR: what you need to know – Kingsley Napley Employment Law Blog

Posted February 14th, 2024 in banking, chambers articles, employment, insurance, news by sally

‘First introduced for banks and insurers in March 2017, regulatory references are now a requirement for all firms regulated by the Financial Conduct Authority and Prudential Regulation Authority, under the senior manager and certification regime.’

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Kingsley Napley Employment Law Blog, 12th February 2024

Source: www.kingsleynapley.co.uk

HSBC fined £57.4m for customer deposit protection failings – BBC News

Posted January 30th, 2024 in banking, deposits, financial regulation, fines, news by tracey

‘HSBC has been fined £57.4m by the Bank of England for “serious failings” over its requirements to protect customer deposits.’

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BBC News, 30th January 2024

Source: www.bbc.co.uk