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Injustice in financial services disputes (Pt 3)

02 June 2017 / Michel Reznik
Issue: 7748 / Categories: Features , Commercial
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Michel Reznik reviews the principles of effective dispute resolution & endorses the introduction of a Financial Services Tribunal

  • Specialist dispute resolution forums are necessary in markets in which David habitually fights Goliath.
  • The Employment, Intellectual Property and Competition jurisdictions are examples where specialist disputes forums have proved essential to give David a chance at justice.
  • Adopting the specialist Financial Services Tribunal suggested by Richard Samuel would bring justice within the reach of SMEs.

Since the financial crisis, banks and financial services institutions have been exposed by the Financial Conduct Authority (FCA) for mis-conducting themselves, and, in particular, for mis-selling financial products to their SME (small and medium-sized enterprise) clients on an industrial scale. This reputation has been galvanised in the minds of the public by widely-publicised outcomes of investigations into scandals and by enormous fines meted out by regulatory bodies.

Victims of misconduct have rightly expected compensation. The question has been and remains: how and where are they going to get it? The Financial Ombudsman Service (FOS)

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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