Philip Rubens

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Decision on the applicability of CPR 83.7

This is a very recent decision on the applicability of CPR 83.7 and whether “special circumstances” had arisen which would render it inexpedient to enforce the judgment. The Court decided all recourse against the arbitration awards had already been exhausted and there was no legitimate basis for granting a …

FCA indicated intent to cut backredress schemes

The FCA has recently indicated that it intends to severely cut back on the number of redress schemes so this case may be one of the last assuming that the FCA succeeds before the Supreme Court. Bluecrest is appealing the decision of the Court of Appeal . The background is …

Final Notice has been issued by the FCA against Jes Staley

Barclays Bank will be hoping that the whole Jeffrey Epstein saga has come to an end following the Final Notice which has been issued by the FCA against Jes Staley. Often with regulatory findings there is subsequent civil litigation. In this case there is a class action in California …

Senior Managers and Certification Regime (SMCR)

Senior Managers and Certification Regime (SMCR) is a UK financial services regulatory framework introduced by the Financial Conduct Authority (FCA) in 2016. The SMCR was created to ensure that individuals in the financial services industry are held personally accountable for their actions and to increase the level of trust …

Economic Torts English Law

Economic torts are a complex area of law that arise when someone suffers a loss as a result of another person’s unlawful conduct. The aim of economic torts is to protect people from a range of activities that cause harm to their business interests. Under English law, economic torts …

International Arbitration

Philip Rubens | December 2022 The field of international arbitration has undergone significant changes in recent years. The use of technology, the rapid growth of alternative dispute resolution (ADR) methods, and the expansion of the scope of international arbitration have all led to an increased demand for skilled practitioners …

De-banking and the Rights of Banks to Withdraw Banking Services

“De-banking” is the practice by which a bank closes a customer’s account or refuses to provide banking services, often on the basis of risk rather than proven wrongdoing. While banks have always had the ability to terminate customer relationships, de-banking has become increasingly controversial in recent years. High-profile cases involving

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UK Securities Litigation

The Evolution of FSMA and Collective Actions [2025 Guide] Over the past two decades, the landscape of securities litigation in the United Kingdom has undergone a radical transformation. Once marginal, complex, and largely uncertain, collective claims for losses suffered by investors in publicly traded companies especially under statutory provisions have

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Challenging an FCA Decision Notice

Your Guide to the Upper Tribunal Receiving a Decision Notice from the Financial Conduct Authority (FCA) is a defining moment for any regulated individual or firm. It signifies that the regulator has completed its investigation, the Regulatory Decisions Committee (RDC) has reviewed the case, and the RDC has decided to

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Obtaining evidence abroad

Can English courts block U.S. discovery? Cross-border litigation often resembles a high-stakes chess match, where moves made on one side of the Atlantic can drastically alter the game on the other. For legal practitioners involved in international disputes, understanding how different jurisdictions interact is not just academic—it is a strategic

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Arbitration Act 2025: A New Era for Supporting Orders

For decades, the Arbitration Act of 1996 has been the bedrock of English arbitration, providing a robust framework that has made London a leading global seat for resolving complex disputes. However, as commerce evolves, so too must the laws that govern it. A significant development is the Arbitration Act 2025,

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Deceit Claims Redefined: A Landmark Ruling

The landscape of commercial fraud claims has been significantly altered by a recent landmark decision from the Privy Council. In Credit Suisse Life (Bermuda) Ltd v Ivanishvili, the court delivered a judgment that reshapes the understanding of the tort of deceit, making it more accessible for victims of misrepresentation to

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