Peter Cartwright

Banks in crisis : the legal response

Banking crises - the background The regulation of banks The role of the Bank of England in a banking crisis Directors, controllers and managers Insolvency procedures The liquidation of a bank Protecting depositors Conclusions.

Retail depositors, conduct of business and sanctioning

Purpose - The purpose of this paper is to consider whether a move from self-regulation in the form of the Banking Code to statutory regulation by the Financial Services Authority (FSA) of retail banking conduct of business is to be supported. Design/methodology/approach - The paper begins by examining the nature of the self-regulatory process and then considers its strengths and weaknesses in the context of the Banking Code. It then looks at the changes proposed by the FSA. Focusing in particular on the issue of enforcement, the paper contrasts the powers of the Banking Code Standards Board and the FSA. Findings - The paper concludes that, while a move to statutory regulation is to be supported, there is concern about whether such a move will bring the benefits that might have been expected. Practical implications - More attention needs to be paid to the ways that different forms of regulation operate in practice, with empirical research particularly valuable. Originality/value - The paper adds to the (relatively brief?) literature on consumer protection in banking, and the even briefer body of research on self-regulation.

REDRESS COMPLIANCE AND CHOICE: ENHANCED CONSUMER MEASURES AND THE RETREAT FROM PUNISHMENT IN THE CONSUMER RIGHTS ACT 2015

This article examines critically the extent to which the availability of Enhanced Consumer Measures (ECMs) created by the Consumer Rights Act 2015 addresses the problems associated with the enforcement of consumer protection law in the UK. The article explains the genesis of the provisions by establishing the limitations of the previous law before moving on to consider the extent to which ECMs are successful in addressing those limitations. The article argues that while the availability of ECMs will potentially improve the ability of both enforcers and courts to achieve some objectives of consumer protection law, the measures raise some significant concerns. Of particular concern is the extent to which they signal a move away from prosecution in cases where that would be the optimal response, and so compromise the ability of consumer protection law to achieve some of its most important objectives.

Financial Services – The protection of bank depositors: new developments

In the context of the Financial Services Authority (FSA) review of consumer protection in financial services, the authors focus on the issues involved in the protection of bank depositors in UK banking. Article by Andrew Campbell (Lecturer in law, University of Wales, Aberystwyth) and Peter Cartwright (Lecturer in Law, University of Nottingham). Published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.