Tag: Litigation

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A Warning to Lawyers in Professional Negligence Claims: Solicitors owe a duty to warn clients of risks

A solicitor is not under a general duty to warn clients about risks relating to matters which fall outside the scope of the client retainer; a potential professional negligence claim exists where there is a failure to warn as to risks which are material to the retainer.

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Shanks v Unilever [2019]: UK Supreme Court potentially opens floodgates for further intellectual property claims by inventors

The Supreme Court (Lord Kitchin, Lady Hale, Lord Reed, Lord Hodge and Lady Black sitting) this week have handed down the highly anticipated judgment in Shanks v Unilever…

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Limitation in Litigation: Know your Limits

Pursuing a claim on time is critical in any legal matter because the Limitation Act 1980 sets strict deadlines on how long you have to take legal action. If you delay then your claim may be time-barred, so you lose your right to bring a claim before a judge. Even if you have a strong case with clear evidence, it may be impossible to succeed in court.

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APPG on Fair Business Banking: Improve SMEs access to justice and establish a Financial Services Tribunal

The APPG on Fair Business Banking launched their highly anticipated dispute resolution report on 11 July 2018. The report, authored by Kevin Hollinrake MP and undertaken by the Centre…

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LEXLAW Submits Evidence to the Treasury Committee’s SME Finance Inquiry

We have today submitted evidence on the ineffectiveness of existing arrangements for dispute arbitration and settlement between SMEs and banks to the Treasury Committee‘s SME Finance Inquiry.  Re:…

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RBS to Expand GRG Redress Scheme: Independent Oversight for Consequential Loss Compensation Appeals Process

RBS says it will expand its redress scheme to include appeals with independent third- party oversight for consequential losses suffered due to misconduct by its Global Restructuring Group (GRG).

LIBOR, FX and Key Benchmark Rigging Claims against RBS, Barclays, HSBC & Lloyds set to Strengthen for Customers Mis-sold Derivatives

The door has been opened by the Court of Appeal in PAG v RBS [2018] for misrepresentation claims to be brought by a counter-party to a derivative which…

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Property Alliance Group v RBS [2018]: Court of Appeal Opens the Door for Implied Misrepresentation Claims against Banks Mis-selling LIBOR-linked Derivatives

The Court of Appeal (Sir Terence Etherton MR, Longmore LJ and Newey LJ) handed down judgment in the highly anticipated appeal from Asplin J’s decision in Property Alliance…

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Letter from the FCA to the Treasury Select Committee detailing FCA powers and regulatory perimeter (30 January 2018)

The FCA regulates authorised firms under the Financial Services and Markets Act (FSMA) 2000, overseeing conduct and prudential standards. It authorises firms, supervises compliance, investigates breaches, and enforces rules via fines, bans, and public censure. The FCA’s remit focuses on “regulated activities,” but it also monitors firms’ overall behaviour, including some unregulated actions linked to regulated firms. It holds senior managers accountable under the Senior Managers and Certification Regime (SMCR). The FCA aims to protect consumers, uphold market integrity, and promote competition, balancing its powers with statutory limits set by Parliament and Government.