Banking & Financial Services

Members of 4 New Square advise and act in litigation concerning all aspects of financial services law.  We advise upon regulatory enforcement action and discrete aspects of the regulatory regime as well as its impact in various contexts, including commercial and retail banking, collective and other complex investment schemes, mergers and acquisitions, flotations, group structures, pensions, employee share schemes and PFI.

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 and discipline, members of chambers are frequently instructed in claims and enforcement proceedings against financial professionals, including investment, mortgage, pension and tax advisers.

Some members of chambers are also experienced in the law of consumer finance and credit, including leading counsel recognised by the directories as consumer credit specialists.

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.