Banking & Financial Regulation
We act in disputes arising under the Financial Services and Markets Act 2000 and the Regulated Activities Order, including claims for breach of the general prohibition, enforceability of regulated mortgage agreements, and the mis-selling of derivative products, fixed-rate loans, and other instruments containing a derivative element.
Members appear for and against financial institutions in claims involving misrepresentation, breach of lending agreements, and breach of duty by independent financial advisers. Our work covers retail and commercial banking disputes, including interest rate swaps, cheque conversion, breach of mandate, bailment, and disputes concerning the enforceability of securities, guarantees, and mortgages. We have acted in notable failed fund and investment matters, including Harlequin, Sustainable Growth Group, Alpha Bank Cyprus, and Ready2Rent/Ready2Invest.
Where disputes carry regulatory or criminal exposure, we advise on engagement with UK regulators. including anonymised scoping with the FCA and SFO, and represent corporates in regulatory action under FSMA.
Representative cases
Close cases
C v FCA
FCA enforcement action regarding an unregistered and unlicensed investment company.
Acting for multiple investors [960] in property development overseas through the Harlequin Scheme following negligent advice in the UK leading to investment in property in St Vincent and the Grenadines, Barbados, the Dominican Republic and St Lucia.
Instructed on a £150 million arbitration joint venture dispute involving hedge fund obligations to develop AI-driven securities finance analytics.
Representing Banco Santander Totta – the Portuguese Commercial Bank – defending a claim for breach of duty and mandate arising out of fraudulent transactions on a customer’s bank account. Appeal pending (the Bank is Respondent to the appeal).
Advising the Singaporean owner of shares in an English Company on its reporting requirements to the FCA following a change in control of a Company, which in turn was the person with significant control of an FCA authorised entity.
Acting for investors in relation to a development in Spain against their UK lawyers who encouraged them to part with funds before having satisfied themselves the seller had good, unencumbered title when it subsequently transpired there were two undischarged mortgages against the property and the vendor being unable to satisfy those liabilities.
Acting for a banker alongside his employer, a bank in Dubai and Switzerland, and solicitors, both as a firm and individually, in a 9-week trial following the claimant being duped to invest 100million euros. The claim gave rise to arguments concerning money laundering, breach of trust, dishonest assistance, professional obligations of solicitors and fiduciary duties of banks and their employees.
Advising multiple investors following negligent advice to invest in an unregulated collective investment scheme, namely property in Croatia, Bulgaria and Montenegro via Ready2Rent/Ready2Invest. The claim also included a claim against the company charged with managing and overseeing the investment.
FCA v GS and Others
FCA Market abuse and insider dealing allegations involving City of London traders.
Acted for CEO in FCA prosecution for market abuse. Prosecution withdrawn following representations that it violated the prohibition against double-jeopardy.
Advising an established company on the potential applicability of the FCA perimeter to the launch of a new insurance product.
Acting for investors [38] in relation to a scam in the UK whereby they were sold parcels of land with planning permission when in fact the owner did not have title to the land, planning permission had not been obtained and in any event the plots were landlocked with no access.
Acting for several hundred investors in response to a claim brought against them by Alpha Bank, Cyprus following investments in property in Cyprus. The claim included allegations of professional negligence against their professional advisers in the UK, for negligence and conflict of interest against their appointed lawyers in Cyprus and allegations of fraudulent documentation.
Claim brought by a company against RBS alleging negligent and fraudulent advice to enter into products that were neither suitable nor appropriate as defined by COBS.
Representative cases
C v FCA
FCA enforcement action regarding an unregistered and unlicensed investment company.
Advising multiple investors following negligent advice to invest in an unregulated collective investment scheme, namely property in Croatia, Bulgaria and Montenegro via Ready2Rent/Ready2Invest. The claim also included a claim against the company charged with managing and overseeing the investment.
Acting for multiple investors [960] in property development overseas through the Harlequin Scheme following negligent advice in the UK leading to investment in property in St Vincent and the Grenadines, Barbados, the Dominican Republic and St Lucia.
FCA v GS and Others
FCA Market abuse and insider dealing allegations involving City of London traders.
Instructed on a £150 million arbitration joint venture dispute involving hedge fund obligations to develop AI-driven securities finance analytics.
Acted for CEO in FCA prosecution for market abuse. Prosecution withdrawn following representations that it violated the prohibition against double-jeopardy.
Representing Banco Santander Totta – the Portuguese Commercial Bank – defending a claim for breach of duty and mandate arising out of fraudulent transactions on a customer’s bank account. Appeal pending (the Bank is Respondent to the appeal).
Advising an established company on the potential applicability of the FCA perimeter to the launch of a new insurance product.
Advising the Singaporean owner of shares in an English Company on its reporting requirements to the FCA following a change in control of a Company, which in turn was the person with significant control of an FCA authorised entity.
Acting for investors [38] in relation to a scam in the UK whereby they were sold parcels of land with planning permission when in fact the owner did not have title to the land, planning permission had not been obtained and in any event the plots were landlocked with no access.
Acting for investors in relation to a development in Spain against their UK lawyers who encouraged them to part with funds before having satisfied themselves the seller had good, unencumbered title when it subsequently transpired there were two undischarged mortgages against the property and the vendor being unable to satisfy those liabilities.
Acting for several hundred investors in response to a claim brought against them by Alpha Bank, Cyprus following investments in property in Cyprus. The claim included allegations of professional negligence against their professional advisers in the UK, for negligence and conflict of interest against their appointed lawyers in Cyprus and allegations of fraudulent documentation.
Acting for a banker alongside his employer, a bank in Dubai and Switzerland, and solicitors, both as a firm and individually, in a 9-week trial following the claimant being duped to invest 100million euros. The claim gave rise to arguments concerning money laundering, breach of trust, dishonest assistance, professional obligations of solicitors and fiduciary duties of banks and their employees.
Claim brought by a company against RBS alleging negligent and fraudulent advice to enter into products that were neither suitable nor appropriate as defined by COBS.
Our Banking & Financial Regulation Barristers
Contact Sam for more information about our Barristers.
Contact Sam for more information about our Barristers.
For a confidential conversation please contact Chief Executive and Director of Clerking, Sam Carter.
“The clerks always go above and beyond to assist. They understand the needs of instructing solicitors, particularly in identifying suitable counsel for cases”
Chambers & Partners
“A friendly and integrated service. The clerks systems and client handling are excellent - with a can-do attitude, enabling easier planning on my side.”
Legal 500
People / Barristers
Address
For a confidential conversation please contact Chief Executive and Director of Clerking, Sam Carter.
“The clerks always go above and beyond to assist. They understand the needs of instructing solicitors, particularly in identifying suitable counsel for cases”
Chambers & Partners
“A friendly and integrated service. The clerks systems and client handling are excellent - with a can-do attitude, enabling easier planning on my side.”
Legal 500
People / Barristers
Address
For a confidential conversation please contact Chief Executive and Director of Clerking, Sam Carter.
“The clerks always go above and beyond to assist. They understand the needs of instructing solicitors, particularly in identifying suitable counsel for cases”
Chambers & Partners
“A friendly and integrated service. The clerks systems and client handling are excellent - with a can-do attitude, enabling easier planning on my side.”
Legal 500
People / Barristers
Address