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Banking: Case Law, Legislation, Links 18-06-15

Law of banking - cheques, PPI etc. Insurance, Financial Services/

Banking: Case Law, Legislation, Links 18-06-15

Postby dls » Thu Jun 18, 2015 4:39 am

Banking and associated acts of lending money.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    British Bankers Association, Regina (on The Application of) -v- The Financial Services Authority and Another; Admn 20-Apr-2011 - The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers.
    Director General of Fair Trading -v- First National Bank; HL 25-Oct-2001 - A term in a lender’s contract providing that interest would run after as well as before judgment, was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a penalty. The provision excluding the award of statutory interest after judgment did not operate to exclude the contractual term, and the inconsistency would not defeat the regulations if such clauses were only allowed to operate if they fell fairly and squarely within the section.
    Graiseley Properties Ltd and Others -v- Barclays Bank Plc; ComC 29-Oct-2012 - The claimant sought damages alleging that the wrongful manipulation of the LIBOR interest rate by the defendants had caused them losses. Loan facilities which they had taken out had been subject to interest rates set by reference to LIBOR. The defendant sought a strike out of the claim and a refusal of leave for the claimants to amend their claim.
    National Westminster Bank plc -v- Morgan; HL 1985 - The relationship of borrower and lender, or banker and customer, does not give rise, of itself, to any presumption of special disability on the part of the borrower or of undue influence, but exceptionally it may do. If the relationship of banker and customer becomes one in which the banker acquires a dominating influence, and a manifestly disadvantageous transaction is proved, ‘there would then be room’ for a court to presume that it resulted from the exercise of undue influence.
    Royal Bank of Scotland -v- Etridge (No 2); Barclays Bank plc -v- Harris; Midland Bank plc -v- Wallace, etc; HL 11-Oct-2001 - Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence.
    Held: Undue influence is an equitable protection created to undo the effect of excess influence of one person over the will of another, though it should not always be presumed to arise from the existence of certain close relationships.
Legislation:
    1835
      Gaming Act 1835 / 41 -|- Case law -|- See Also: Contract
      An Act to amend the Law relating to Securities given for Considerations arising out of gaming, usurious, and certain other illegal Transactions.
    1861
      Bank of England Act 1861 / 3 -|- Case law
      An Act to make further Provision respecting certain payments to and from the Bank of England, and to increase the Facilities for the Transfer of Stocks and Annuities, and for other Purposes.
    1882
    1957
    1974
    1992
    1993
      Criminal Justice Act 1993 / 36 -|- Case law -|- See Also: Crime, Financial Services
      An Act to make provision about the jurisdiction of courts in England and Wales in relation to certain offences of dishonesty and blackmail; to amend the law about drug trafficking offences and to implement provisions of the Community Council Directive No. 91/308/EEC; to amend Part VI of the Criminal Justice Act 1988; to make provision with respect to the financing of terrorism, the proceeds of terrorist-related activities and the investigation of terrorist activities; to amend Part I of the Criminal Justice Act 1991; to implement provisions of the Community Council Directive No. 89/592/EEC and to amend and restate the law about insider dealing in securities; to provide for certain offences created by the Banking Coordination (Second Council Directive) Regulations 1992 to be punishable in the same way as offences under sections 39, 40 and 41 of the Banking Act 1987 and to enable regulations implementing Article 15 of the Community Council Directive No. 89/646/EEC and Articles 3, 6 and 7 of the Community Council Directive No. 92/30/EEC to create offences punishable in that way; to make provision with respect to the penalty for causing death by dangerous driving or causing death by careless driving while under the influence of drink or drugs; to make it an offence to assist in or induce certain conduct which for the purposes of, or in connection with, the provisions of Community law is unlawful in another member State; to provide for the introduction of safeguards in connection with the return of persons under backing of warrants arrangements; to amend the Criminal Procedure (Scotland) Act 1975 and Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; and for connected purposes.
    1995
    1997
      Building Societies Act 1997 / 32 -|- Case law
      An Act to amend the Building Societies Act 1986; to make provision for amalgamating the Building Societies Investor Protection Board and the Deposit Protection Board into a single board and the Building Societies Investor Protection Fund and the Deposit Protection Fund into a single fund; and for connected purposes.
    2002
      Industrial and Provident Societies Act 2002 / 21 -|- Case law
      An Act to enable the law relating to societies registered under the Industrial and Provident Societies Act 1965 to be amended so as to bring it into conformity with certain aspects of the law relating to companies; to amend the procedure whereby such a society may convert itself into, or amalgamate with or transfer its engagements to, a company; and for connected purposes.
    2006
      Consumer Credit Act 2006 / 14 -|- Explanatory Note -|- Case law -|- See Also: Consumer, Financial Services
      An Act to amend the Consumer Credit Act 1974; to extend the ombudsman scheme under the Financial Services and Markets Act 2000 to cover licensees under the Consumer Credit Act 1974; and for connected purposes.
    2008
    2009
    2010
      Terrorist Asset-Freezing etc. Act 2010 / 38 -|- Explanatory Note -|- Case law -|- See Also: Crime
      An Act to make provision for imposing financial restrictions on, and in relation to, certain persons believed or suspected to be, or to have been, involved in terrorist activities; to amend Schedule 7 to the Counter-Terrorism Act 2008; and for connected purposes.
      Debt Relief (Developing Countries) Act 2010 / 22 -|- Explanatory Note -|- Case law -|- See Also: International
      Make provision for or in connection with the relief of debts of certain developing countries.
      Co-operative and Community Benefit Societies and Credit Unions Act 2010 / 7 -|- Explanatory Note -|- Case law -|- See Also:, Consumer, Company, Financial Services
      An Act to make provision for societies to be registered as co-operative or community benefit societies and to re-name the Industrial and Provident Societies Acts; to apply to registered societies the provisions relating to directors disqualification and to make provision for the application of certain other enactments relating to companies; to confer power to make provision for credit unions corresponding to any provision applying to building societies; and for connected purposes.
    2012
      The Consumer Rights (Payment Surcharges) Regulations 2012 / -|- Case law -|- See Also: Consumer
      Financial Services Act 2012 / 2 -|- Case law -|- See Also: Financial Services, Consumer, Company
      An Act to amend the Bank of England Act 1998, the Financial Services and Markets Act 2000 and the Banking Act 2009; to make other provision about financial services and markets; to make provision about the exercise of certain statutory functions relating to building societies, friendly societies and other mutual societies; to amend section 785 of the Companies Act 2006; to make provision enabling the Director of Savings to provide services to other public bodies; and for connected purposes.
    2013
      Friendly and Industrial and Provident Societies Act 2013 / 55 -|- Case law
      An Act to make further provision with respect to the accounts of friendly societies and industrial and provident societies and the auditing of those accounts, and with respect to the rules and valuations of friendly societies.
      Financial Services (Banking Reform) Act 2013 / 33 -|- Case law -|- See Also:, Financial Services, Consumer, Insolvency
      An Act to make further provision about banking and other financial services, including provision about the Financial Services Compensation Scheme; to make provision for the amounts owed in respect of certain deposits to be treated as a preferential debt on insolvency; to make further provision about payment systems and securities settlement systems; to make provision about the accounts of the Bank of England and its wholly owned subsidiaries; to make provision in relation to persons providing claims management services; and for connected purposes.
      Enterprise and Regulatory Reform Act 2013 / 24 -|- Case law -|- See Also:, Commercial, Intellectual Property, Information, Insolvency
      An Act to make provision about the UK Green Investment Bank; to make provision about employment law; to establish and make provision about the Competition and Markets Authority and to abolish the Competition Commission and the Office of Fair Trading; to amend the Competition Act 1998 and the Enterprise Act 2002; to make provision for the reduction of legislative burdens; to make provision about copyright and rights in performances; to make provision about payments to company directors; to make provision about redress schemes relating to lettings agency work and property management work; to make provision about the supply of customer data; to make provision for the protection of essential supplies in cases of insolvency; to make provision about certain bodies established by Royal Charter; to amend section 9(5) of the Equality Act 2010; and for connected purposes.
    2015
      Mutuals’ Deferred Shares Act 2015 / 13 -|- [url=http://lawindexpro.co.uk/cgi-bin/pubsrch.pl?&sta=Mutuals’+Deferred+Shares+Act+2015]Case law[/url] -|- See Also:, Financial Services, Company
      An Act to enable the law relating to societies registered and incorporated under the Friendly Societies Act 1992 and certain mutual insurers to be amended to permit or facilitate the issue of deferred shares; and to restrict the voting rights of members who hold such shares.

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