Banking & Financial Services

Members of 4 New Square advise on regulatory enforcement action and discrete aspects of the regulatory regime as well as its impact in various contexts, including collective and other complex investment schemes, mergers and acquisitions, flotations, group structures, pensions, employee share schemes and PFI.

Eva Lomnicka is the editor of the Encyclopedia of Consumer Credit Law and until recently co-authored the Encyclopedia of Financial Services Law. Chambers acted for the successful respondent in Emptage v FSCS [2013] EWCA Civ 729.

We have considerable experience of complex banking matters, from mortgage disputes to guarantees to claims under the Payment Services Regulations 2009.

In line with Chambers’ expertise in professional liability, members of chambers are frequently instructed in claims against financial advisers, including investment, mortgage, pension and tax advisers.

Several individuals are recommended in the major directories in this area.

Recent cases involving members of chambers include:

• Denning v Greenhalgh Financial Services Limited [2017] EWHC 143 (QB) which considered in detail the principles governing the circumstances in which a professional is obliged to advise outside the scope of his/her retainer, and how those principles apply in the context of financial professionals.
• Abi Fol Consulting Ltd v The Financial Conduct Authority [2016] UKUT 49 (TCC) acting for the FCA in an appeal to the Upper Tribunal by applicant which had been refused permission under Part 4A of the Financial Services and Markets Act 2000 to carry on a range of regulated activities.
• AIB Group (UK) plc v Mark Redler & Co [2014] UKSC 58 confirming the nature and extent of equitable compensation in breach of trust and fiduciary duty claims.
• Scott v Southern Pacific Mortgages Limited (Re: North East Property Buyers) [2014] UKSC 52 concerning principles of secured lending, conveyancing and, more specifically, the legal interests of occupiers and lenders in sale-and-rent-back schemes.