Financial Services law as a sword: cutting down contracts
Chambers UK and Legal 500 ranked Outer Temple barrister, Oliver Assersohn, writes in Butterworths Journal of International Banking and Financial law.
Oliver’s article discusses a series of powerful statutory provisions that enable contracts to be struck down for non-compliance with the Financial Services and Markets Act (2000) – and only enforced in the court’s discretion by reference to what is just and equitable.
The arguments could deal a ‘knock-out blow’ in a dispute and so are essential reading for commercial litigators.
For non-contentious lawyers, the issues raised are also worth considering since they underline the importance of FSMA. Oliver touches on suggested ways to pre-empt possible challenges.
Read more here.