"The set has a global presence, and its members are heavily involved in some of the most significant multi-jurisdictional cases in the area."
Please contact David Smith (+44 (0)20 7427 4905).
Our experienced clerks will be pleased to provide you with more details of our expertise in this area.
Outer Temple Chambers team of financial services professionals have broad experience in the banking and financial services sector. They commonly act for and against a variety of financial and regulatory authorities, corporations and individuals.
Financial Services Barristers
Our financial services barristers and associates specialise in cases with an emphasis on commercial litigation and arbitration, civil fraud and regulatory matters, involving the Financial Conduct Authority (FCA) and other regulators.
We have experience of acting for and against banks and other regulated firms, as well as investors, in commercial litigation in the High Court (Chancery Division and Commercial Court) and in arbitration. When advising parties involved in investor litigation (both institutional and retail) we are able to draw upon our expertise in professional negligence and regulatory matters. Barristers and associates have acted for and advised banks, hedge funds, investment firms, insurers, and IFAs, and investors, in important recent litigation including, cases considering the meaning of a collective investment scheme for the purposes of s.235 FSMA and issues arising from the alleged mis-selling of complex and structured products to pension schemes, other institutional investors and high net worth individuals (for example the alleged mis-selling of KeyData RMBS wrapper products, the AIG EVRF and CDS/CDO products).
We also regularly advise on and appear in High Court applications including, injunctions, Norwich Pharmacol and search orders.
We have particular expertise in civil fraud matters including conspiracy, asset tracing and claims against financial institutions framed in the economic torts. Recent examples include acting for an international private bank in a claim for breach of the banking contract and duty of care (in connection with POCA) and advising a shareholder on an intimidation, duress and unlawful means conspiracy claim (out of jurisdiction) against a Russian bank for misappropriation of shareholding.
We offer advice and advocacy on all financial services regulatory matters including, before the Regulatory Decisions Committee (RDC) of the FCA and the Upper Tribunal (Tax & Chancery Chamber). Most of the team have been instructed by the FCA and so bring to private practice the invaluable experience of having advised or represented the FCA’s General Counsel’s Division, Enforcement Division and the RDC.
We have experience at all levels providing advice on commercial issues facing the FCA, regulated firms and individuals. Recent examples include advising the FCA on the implementation of EC directives and the implementation of a s.404 redress scheme for widespread mis-selling and advising a European bank on its entitlement under FSMA/CASS to client money from the Lehman Bros estate.
Members of the team also act for, and advise, the Enforcement & Financial Crime, the RDC, Supervision and General Counsel’s Divisions of the FCA (and connected regulators such as Lloyd’s of London), and regulated firms and individuals, in supervisory and enforcement matters including before the RDC, Upper Tribunal and connected Tribunals. Recent examples include advising the RDC on a number of high profile FCA Enforcement proceedings and acting for Lloyd’s in its biggest regulatory investigation for a decade (in conjunction with the FCA).
This complements Chambers’ established presence, as a leading set in Pension Regulator (TPR) matters, before the Determinations Panel of the TPR and the Upper Tribunal, and Lloyd’s of London regulatory proceedings.
Our Financial Services Barristers
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