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We look at jurisdiction, governing law, service of proceedings, enforcement of judgments and the legacy of the supremacy of EU law.
Submitted: 26 July 2018
The FCA has published its 2017/18 Anti-Money Laundering annual report. The article outlines the main findings from the report and draws out the FCA’s key messages.
Submitted: 27 June 2018
Terms requiring contractual variations to be made in writing will be enforceable between counterparties.
Submitted: 27 February 2018
Subsequent communications between the parties can be taken into account when assessing whether a contract has been formed between them at a given time.
ECJ provides clarification on issues arising from the Consumer Credit Directive.
The electronic inbox of an online banking website is not, generally speaking, a “durable medium”.
Whilst an ombudsman has to consider relevant law when reaching a decision, the law does not have to be strictly applied if in his view a conclusion contrary to the law would be fair and reasonable in all the circumstances and can be clearly articulated.
Internal investigations: The shrinking scope of legal professional privilege.
Court clarifies that FOS does not have jurisdiction to consider a firm’s complaints handling procedure but can only consider complaints that are about “the provision of or failure to provide a financial service or a redress determination”.
Mandatory requirements of local law are unlikely to apply to derivative contracts agreed on the basis of ISDA documentation, which is inherently of an international nature.
Court endorses contempt of court as basis for claim in conspiracy and confirms jurisdiction of the English courts where the conspiracy was “hatched” in England.
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