Philip Rubens

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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 …

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 …

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 …

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 …

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 …

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 …

Vanquis v TMS Legal: A Landmark Claim Moves to Trial

The consumer credit sector is watching a monumental legal battle unfold. Vanquis Bank has launched high-profile litigation against Bournemouth-based solicitors TMS Legal. The core of the dispute revolves around tens of thousands of “irresponsible lending” complaints submitted on behalf of borrowers. Vanquis alleges these claims were weak or entirely unmeritorious,

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ESG Ratings Regulation: A New Era of Transparency for UK Investors

For hedge funds and long-term investors, Environmental, Social, and Governance (ESG) factors have evolved from a niche consideration into a fundamental driver of capital allocation. However, the data underpinning these decisions has often been criticised for being opaque, inconsistent, and difficult to compare. Recognising the systemic risks posed by this

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Understanding Commercial Litigation: Key Insights and Strategies

Navigating commercial litigation can be complex and daunting. Whether you are facing a breach of contract, a shareholder dispute, or an intellectual property infringement, understanding the legal landscape is crucial to protecting your business interests. This guide explores essential insights and effective strategies to help you manage these challenges with

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GP-Led Secondaries: The Regulatory Risks of Private Equity Transfers

The private equity landscape is shifting. As exit opportunities in the public markets fluctuate, fund managers are increasingly turning to internal solutions to manage their portfolios. One specific practice has caught the attention of regulators and investors alike: intra-group asset transfers. Often referred to as GP-led secondaries or continuation vehicles,

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