Journal of Financial Regulation and Compliance: Volume 6 Issue 3

Banking litigation strategies after Woolf

David Jones‐Parry, Simon James

This paper considers the issues facing banks who become engaged in litigation and the strategies and procedures available to obtain the most effective solutions. How these will be…

Achieving a coordinated approach to compliance in a global business

Matthew King

Organising a compliance function in a widely‐diverse group such as HSBC appears a formidable challenge. This paper describes some of the more basic steps taken within HSBC to…

Choice of law clauses in customer agreements: NASD conduct rule 3110(f)(4)

Barry R. Goldsmith, Thomas B. Lawson

Most account opening agreements used by US brokerage firms contain a standard predispute arbitration clause requiring customers to submit all disputes relating to the account to…

Fraud, prosecution and regulation: Achieving effective control

Michael J. Clarke

This paper reviews the issues surrounding jury trials in fraud cases in the context of the Home Office's consultation document in early 1998. It includes an account of the Serious…

Developments in the German equity market and its regulation

Rüdiger von Rosen

The German stock market has developed by leaps and bounds over the past two years. German legislators have, for example, introduced a large number of improvements that have…

Waking up to the nightmare: Winners and losers after EMU

John L. Langton

In this paper, the author examines how fund management is destined to be the largest source of growth in investment assets once the European single currency is introduced. The…

Lessons from recent banking crises

David T. Llewellyn

In recent years major banking and financial crises have emerged in several countries. Banking systems seem to have become more crisis‐prone. Banks in many countries have very high…

Introduction to the Website review

Martyn Kendrick

This is the first in a series of papers the Journal intends to publish looking at selected websites on the internet that are relevant to financial regulation and compliance.

BCCI (Overseas) Ltd, BCCI Holdings (Luxembourg) SA and BCCI SA (all three appellants in liquidation) v Price Waterhouse and Ernst & Whinney

Joanna Gray

Sir Brian Neill briefly set out the factual background to this litigation at the beginning of his judgment:

Century National Merchant Bank Limited and Others v Davies and Others

Lords Goff of Chieveley, Lloyd of Berwick, Steyn, Hoffman, Hope of Craighead

This appeal to the Privy Council from the Court of Appeal of Jamaica concerned the lawfulness of action taken by the Minister of Finance on 10th July, 1996 under statutory powers…

Regulatory update

On 12th March, 1998 the Financial Services Authority (FSA) issued Consultation Paper 7 ‘Pension transfers and opt outs review phase 2’ which addresses the next phase of the…