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Banking Disputes Blog

Disclosure in the FCA Review: An Update



Disclosure in the FCA Review: An Update Posted on Sep 20, 2013 by Liana Park  | Tags: ico , information commissioner , disclosure , DSAR , data , protection , FCA Review ,  | 0 Comments by Liana Park Disclosure in the FCA Review Neil Morrison recently reported in this blog on the difficulties many businesses are encountering when trying to get disclosure of documentation from banks to assist with the  FCA Review of mis-sold interest rate swaps.   As part of the FCA Review customers are encouraged to give their recollection of events to the bank and provide any documentation they...
  1287 Hits
1287 Hits

Pedal to the Metal: Are the Banks Speeding Up the FCA Review Process?

Pedal to the Metal: Are the Banks Speeding Up the FCA Review Process? Posted on Dec 06, 2013 by  | 0 Comments One the most frustrating things about the FCA’s interest rate swap review process is the amount of time it appears to take. It was mentioned time and time again during the course of the recent Westminster debate  on swap mis-selling. These delays are made ever more frustrating given that the FCA pilot scheme found that 95% of cases involved non-compliant sales. Following the debate it appears that the FCA has been exerting some pressure on the banks to speed...
  1196 Hits
1196 Hits

It’s a Penalty (Clause)!



It’s a Penalty (Clause)! Posted on Feb 20, 2014 by  | Tags: commercial , dispute , contract , penalty clause , unenforceable , exit clause ,  | 0 Comments By Neil Morrison , Associate, Dispute Resolution  “.. .in ony contract or obligatioun, in name of pane, may not be askit be ony person, bot in sa far  as he is interestit, hurt or skaithit ” [ Old Scots ]   Home v Hepburn (1549) Mor. 10033 (Court of Session, Edinburgh) Introduction In football when a player falls innocuously in the box, that player’s team’s fans will often scream ‘It’s a penalty!’...
  712 Hits
712 Hits

Swithering Over A Potential Legal Claim? If You Snooze You Lose!


Swithering Over A Potential Legal Claim? If You Snooze You Lose! Posted on Jul 04, 2014 by Liina Tulk  | Tags: time bar , limitation , scotland , claims , standstill agreement , prescription ,  | 0 Comments By Neil Morrison , Associate, and  Liina Tulk , Solicitor, Dispute Resolution Introduction Often many people will feel that their legal rights have been infringed but for many reasons decide not speak to a solicitor either because they don't want to incur costs investigating if they have a valid claim or because they put it off until they feel ready to focus their...
  1344 Hits
1344 Hits

Spam Wars: Spammed Email Recipients Strike Back!


Spam Wars: Spammed Email Recipients Strike Back! Posted on Jun 10, 2014 by  | Tags: spam , privacy , electronic communications , john lewis , mansfield , dick v transcom , damages , email , opt-in ,  | 0 Comments By Neil Morrison , Associate, Dispute Resolution INTRODUCTION It seems even with the most advanced anti-spam software that no email inbox is immune to unsolicited marketing emails known as ‘spam’. It’s a tiresome business trawling through the inbox and deleting the unwanted spam emails. However it is an annoyance which is growing at an alarming rate with unsolicited spam emails now accounting for more...
  1270 Hits
1270 Hits

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