Banking Disputes Quarterly

Q3 2016

Banking Disputes Quarterly

Litigation Update

Welcome to the latest edition of our Banking Disputes Quarterly, designed to keep you up to date with the latest news and legal developments and to inform you about future developments that may affect your practice. The paragraphs below summarise the issues covered in this edition.

In this issue

  • PPI complaints - current state of play on proposed FCA rules and guidance
    5 OCT 2016

    On 2 August 2016 the Financial Conduct Authority (FCA) published a further consultation paper on proposals as to how Payment Protection Insurance (PPI) complaints should be handled. The new consultation confirms the FCA’s belief that the overall package of reforms proposed in its earlier consultation in November 2015 should be taken forward. The FCA has however proposed some changes to the rules and guidance on how firms should handle PPI complaints fairly in light of the Supreme Court’s judgment in Plevin v Paragon Personal Finance Ltd [2014] UKSC 61 (Plevin). The consultation paper also includes a likely timetable for implementation of the overall package of reforms should the FCA decide to proceed.

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  • Update on HM Treasury’s "Women in Finance Charter"
    5 OCT 2016

    HM Treasury launched its Women in Finance Charter (Charter) in February 2016 following the publication of Jayne-Anne Gadhia’s review into the representation of women in senior managerial roles in the financial services sector (Ghadia Review). The aim of the Charter is to increase the number of women in senior leadership positions by getting signatories to commit to implementing key recommendations set out in the Ghadia Review.

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  • Claims for malicious prosecution of civil proceedings can be brought under English law
    5 OCT 2016

    A recent Supreme Court judgment confirms that claims for malicious prosecution of civil proceedings can be brought under English law. It was previously unclear whether malicious prosecution claims were limited to the conduct of criminal proceedings and a few special cases of abuse of civil legal process.

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  • Illegality as a defence to a civil claim (Patel v Mirza)
    5 OCT 2016

    Ex turpi causa is a legal doctrine which prevents a claimant from pursuing a civil claim if the claim arises in connection with some illegal act on the part of the claimant. It is often referred to as the illegality doctrine or the illegality defence.

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