Banking in UK Law
-
United City Merchants (Investments) Ltd v Royal Bank of Canada
“
To this general statement of principle as to the contractual obligations of the confirming bank to the seller, there is one established exception: that is, where the seller, for the purpose of drawing on the credit, fraudulently presents to the confirming bank documents that contain, expressly or by implication, material representations of fact that to his knowledge are untrue. The courts will not allow their process to be used by a dishonest person to carry out a fraud.
-
Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
“
In those circumstances, our ability to do the job effectively would be even more restricted than if we had assumed the role officially from the outset. This is because we have to be satisfied under our new legislation not only that an institution will be prudently run but that it will be run with integrity—and our experiences with BCCI in the past make such a judgment difficult.
And to load a plaintiff/depositor with the further burden of proving that, despite the regulator's self-imposed ignorance, it foresaw damage in the particular form in which it occurred seems to me, with respect, even more illogical and unjust in a common law remedy the purpose of which is to provide a remedy for abuse of public duty.
-
Marfani & Company Ltd v Midland Bank Ltd
“
What facts ought to be known to the banker, i.e. what inquiries he should make, and what facts are sufficient to cause him reasonably to suspect that the customer la not the true owner, must depend upon current banking practice, and change as that practice changes.
What he contends is that this court is entitled to examine that practice, and to form its own opinion as to whether it does comply with the standard of care which a prudent banker should adopt. This is quite right, but I venture to think that this court should be hesitant before condemning as negligent a practice generally adopted by those engaged in banking business.
-
HM Revenue and Customs v Axa Uk Plc
“
As to the effect of the ruling in the present case, in my judgment, it is clear that the Court of Justice concluded that the words "debt collection" in the carve out have a meaning capable of being applied to "transactions concerning payments" within the exemption in article 13B(d)(3) (judgment, paragraph 28, last sentence). It then has to be decided whether the actual transaction in question falls within the exemption or the carve out, and this will depend on its precise facts.
-
Lipkin Gorman (A Firm)(Original Appellants and Cross-Respondents) v Karpnale Ltd (Formerly Playboy Club of London Ltd) (Original Respondents and Cross-Appellants)
“
The answer must be that, where an innocent defendant's position is so changed that he will suffer an injustice if called upon to repay or to repay in full, the injustice of requiring him so to repay outweighs the injustice of denying the plaintiff restitution.
-
THE BANKING OMBUDSMAN SCHEME
This paper examines the role of the Banking Ombudsman in dealing with complaints about banking services. It describes the procedures for investigating eligible complaints and considers the overlap ...
-
Papers Brazilian banking and stabilisation
This paper focuses on the influence of stabilisation and policy choices on Brazilian banking. It is generally understood that stabilisation, ceteris paribus, allows banking to develop, but, Brazil ...
-
Spotlight on ‘Underground Banking’
Underground banking docs not refer to cash dispensers in subterranean shopping centres. It refers to that secretive and mysterious global structure for facilitating the transfer of funds between co...
-
Banking secrecy and money laundering
Addresses the conflict between banking secrecy and the fight against money laundering. Looks back at the origins of banking secrecy in the Swiss havens for German Jews’ money in the 1930s, and at t...
-
What Is Open Banking?
Open Banking is an initiative mandated by the UK’s Competition and Markets Authority (CMA) in 2017. It is intended to facilitate better competition in the banking sector by mandating protocols that...
-
Banking Standards Review report
In September 2013, Sir Richard Lambert was invited by the Chairman of the UK’s biggest banks and building society to develop plans for a professional body to promote high standards in banking. In F...
-
CMA reports on retail banking
CMA has published its full provisional findings report on its retail banking market investigation. This investigation concerns the supply of retail banking services to personal current account (PCA...
-
FSB reports on correspondent banking
FSB has published a report to G20 on actions taken to assess and address the decline in correspondent banking. It claims correspondent banking is essential for individuals, businesses and banks the...
-
Appeal against a financial penalty under section 249A of the Housing Act 2004
Housing and planning forms including Rent Repayment Orders and Demolition Orders.... ... You can now pay the the fee (if applicable) by an on-line banking payment or by cheque/postal order enclosed with the application form ... ... If you want to be sent online banking payment ... ...
-
Application under regulation 17 of the Mobile Homes (Site Rules) (England) Regulations 2014
Forms relating to park homes including termination of an agreement.... ... You can now pay the the fee (if applicable) by an on-line banking payment or by cheque/postal order enclosed with the application form ... ... If you want to be sent online banking payment ... ...
-
Apply for a Banning Order
Forms relating to the Residential Property First-tier Tribunal.... ... You can now pay the the fee (if applicable) by an on-line banking payment or by cheque/postal order enclosed with the application form ... ... If you want to be sent online banking payment ... ...
-
Apply for revocation and variation of banning orders
Forms relating to the Residential Property First-tier Tribunal.... ... You can now pay the the fee (if applicable) by an on-line banking payment or by cheque/postal order enclosed with the application form ... If you want to be sent online banking payment details by email, ... ...