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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Special Report: Financial Services Law and Regulation

ISBN13: 9781405749176
Published: February 2010
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: £234.00

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This new special report offers a snapshot of the financial markets landscape at a time of flux and looks ahead to what financial services regulation may look like when the pieces have settled.

The Conservative Party have led proposals for major institutional reform of financial services regulation in the UK, including disbanding the FSA, as a response to the perceived failures of the regulatory system arising out of the banking crisis. However, if and when they get into power, the legal and regulatory landscape may have moved on.

In particular, the EC is currently moving ahead with major reform of the regulatory architecture that will fundamentally alter the way financial services markets are regulated in Member States (including the UK). A new supervisory regime and specific proposals for the regulation of hedge funds and derivatives will alter the way business is done and regulated in London.

These are just some of the issues considered by 'Special Report: Financial Services Law and Regulation' written by members of Outer Temple Chambers' specialist Financial Services Group. It is the only publication of its kind dealing at length with the range of issues arising from the financial crisis including domestic regulation, EC law, market abuse, financial crime, mis-selling of financial products and dispute resolution and litigation.

Banking and Finance
1. Introduction
2. Financial services and banking regulation
- the Turner Report (FSA) and the future of banking regulation
- the Banking Act 2009 and the public law implications of the new powers of the FSA and the BoE
- the Supervisory Enhancement Programme (FSA) including more intrusive supervision and the expansive use of statutory powers by the FSA
- The de Larosiore Report (European Commission) into the future of financial service regulation in Europe
3. Market abuse
- The first criminal insider dealing cases
- Market manipulation (i.e. short selling)
- Fraud in retail markets (i.e. mortgages)
4. Commercial litigation and arbitration in banking
- What forums are open to banks and hedge funds after the crunch? (including ADR)
- Investor actions (i.e. v RBS)
- Where are the claims? (and why they will take off (soon))
- Crime in financial services firms
- Proceeds of crime (the Shah v HSBC case and what it means for banks)
- Money laundering
- Corruption legislation