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Money Covered: The Week That Was - 31 January 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreSIPP providers – What's next?
Last week the FCA issued a Dear CEO letter to SIPP operators. The letter is one of many the FCA has sent as follow-ups on the consumer duty (including the most recent letters to lifetime mortgage providers) and is a must read for those in the SIPP sector. The letter highlights the FCA's focus areas of ensuring redress is paid (where the FCA does not consider sufficient progress has been made), "outlier firms" when it comes to holdings in non-standard assets, and implementation of the consumer duty, particularly around distribution strategies/identifying target markets.
Read moreSIPPs – the work and pensions committee asks some pointed questions of the FCA
The Work and Pensions Committee has sent a letter to the FCA following its review of defined benefit pension transfers raising 5 pointed questions in relation to SIPPs.
Read moreHong Kong court grants reported Norwich Pharmacal in aid of execution
Unsurprisingly, claimants want to be able to enforce their judgments, especially when the underlying proceedings have been hard-fought and (therefore) expensive.
Read moreOverseas King's Counsel appearing remotely before Hong Kong's top court
In an interesting and fully reasoned decision, delivered against the background of "Wave-5" of the Covid-19 pandemic in Hong Kong, a judge of the Court of Final Appeal has given approval for two King's Counsel (based in London) to appear remotely at a final appeal in January 2023.
Read moreHong Kong – General adjournment of court proceedings ends with more guidance for remote hearings
Hong Kong's general adjournment of court proceedings ends with more guidance for remote hearings.
Read moreHong Kong Courts – Expansion of use of remote hearings
As expected, the judiciary in Hong Kong has announced that it will expand the use of remote hearings for civil cases. The first Guidance Note for Remote Hearings for Civil Business in the High Court (Phase 1) came into effect on 3 April 2020. This was during the general adjourned period (GAP), when the courts were generally closed as a result of COVID-19, save for urgent and essential court business. The GAP came to an end on 3 May 2020.
Read moreCOVID-19 – Hong Kong Courts handling urgent and essential matters
On 8 April 2020, the Hong Kong Judiciary announced that the general adjourned period ("GAP") for court proceedings will continue until at least 3 May 2020. During the GAP, court registries and offices are, for the most part, closed. However, the GAP does not apply to "urgent and essential court hearings and/or matters".
Read moreArbitration or winding up?
In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal upheld a lower court's decision to reject an application to set aside a statutory demand. The appellant had argued (among other things) that an arbitration clause in his agreement with the respondent required their dispute to be referred to arbitration.
Read moreFCA rules could trigger 'marked drop' in finfluencers marketing crypto
Regulator clamping down over concerns consumers are being 'influenced into high risk investments without understanding consequences'
Read moreA matter of interpretation – the Supreme Court look at contractual interpretation once more
In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.
Read moreThe PCR's "heavy responsibility": CAT Judgment in Riefa v Apple and Amazon emphasizes the high standards expected of a PCR
The Competition Appeal Tribunal (the Tribunal) recently handed down an important judgment, refusing to certify the proposed collective proceedings in Christine Riefa Class Representative v Apple Inc. & Amazon.com, Inc. After two certification hearings, the Tribunal was not satisfied that it would be just and reasonable for the Proposed Class Representative (the PCR) to bring the proceedings following concerns relating to Professor Riefa's understanding of the PCR's funding arrangements. The judgment reiterates the strict requirements and high standards expected of a PCR.
Read moreRPC features multiple times in the Solomonic 2023 High Court Disputes Year in Review
International law firm RPC has earned significant recognition for its leading disputes practice, in the highly-regarded Solomonic 2023 Year in Review of High Court Disputes.
Read moreWhistle-blowing on illegal cartels drops 70% in 5 years
Competition and Markets Authority (CMA) recently increased award to £250,000 Calls to the CMA hotline have plummeted from 1,442 in 2017 to 427 in 2022
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