The In-House Lawyer

Banking and Finance


Walker Review

Sir David Walker published his final review of corporate governance in banks and other financial institutions on 26 November 2009 (the Review). This followed a period of consultation based on initial draft recommendations that were ... Read more

Islamic project and infrastructure finance:re-emergence of the Murabaha

‘Even these metallic problems have their melodramatic side.’ (Oscar Wilde, The Importance of Being Earnest (1895, in premier))BackgroundThe nature of project and infrastructure finance has changed markedly over the past 18 months as a consequence ... Read more

No private action for market abuse or breach of the listing rules

In Hall v Cable and Wireless Plc [2009] the High Court held that the Financial Services and Markets Act (FSMA) 2000 does not give investors a private action for market abuse or breach of the ... Read more

Corporate governance in banks and financial institutions: change ahead

As a result of the banking crisis of 2008/09 the question of how the industry can guard against future failures has attracted substantial comment from the press, experts and regulators. One area of focus is ... Read more

The November 2009 Banking and Payment Services regime

The rules relating to the conduct of business by banks and similar institutions are set to change from 1 November 2009. From that date:The Payment Services Regulations 2009, covering the conduct of business of electronic ... Read more

Reporting to the FSA: regulator issues new guidance

Recent cases have highlighted the potential advantages for regulated businesses (firms) in adopting a co-operative approach when dealing with regulators and, in particular, the Financial Services Authority (FSA).1 In this regard, firms frequently retain independent ... Read more

Look out for the knock at the door: FSA gets tough on market abuse

Hector Sants, chief executive of the Financial Services Authority (FSA), recently put his cards on the table:‘There is a view that people are not frightened of the FSA. I can assure you that this is ... Read more

EWCA Ruling in RTS Flexible Systems a Reminder of Risks in Commencing Work Under a Letter of Intent

It is not uncommon for parties in construction projects to commence work under a letter of intent, pending the negotiation and execution of a full written contract which sets out the detailed terms and conditions ... Read more

More in: Banking and finance