Private Law and Financial Justice

This event brings together experts in the UK and EU to discuss the ongoing concerns relating to financial justice for individuals and whether these are sufficiently addressed in financial law and regulation. The Financial Conduct Authority consulted on a duty of care earlier in 2019 and has published a response that arrived at no conclusive policy steps forward. The concerns in financial justice range from the adequacy of protection in common law and regulation to access to justice. The panel below will offer their thoughts on these concerns in light of their recent work.

Topics and Speakers

• Swaps litigation in Europe - Prof Dr Danny Busch, Chair in Financial Law, University of Nijmegen
• Lessons from the English Swaps Mis-selling Litigation - Prof Gerard McMeel, University of Manchester
• Access to Justice in Financial Transaction Disputes- Tribunal? Financial Ombudsman? Thoughts on the Need for Reform - Richard Samuel, Barrister, 3 Hare Court

Chaired by Professor Iris Chiu (UCL Laws)

About the Speakers

Prof Dr Danny Busch

Danny holds the Chair for Financial Law and is the Director of the Institute for Financial Law at Radboud University of Nijmegen. He is also a Fellow of the Commercial Law Centre, University of Oxford, and Visiting Professor at Università degli Studi di Genova, Università Cattolica del Sacro Cuore di Milano, and Université de Nice Côte d’Azur. From 2002 until 2010 he was an attorney-at-law (advocaat) with the leading Dutch international law firm De Brauw Blackstone Westbroek in Amsterdam where he practised banking and securities law (both the private law and regulatory aspects). He is extensively engaged in the provision of training to attorneys-at-law, financial regulators and financial professionals. He also is a Member of the Dutch Banking Disciplinary Committee (Tuchtcommissie Banken) and of the Appeal Committee of the ADR Complaints Institute Financial Services (Klachteninstituut voor de financiele dienstverlening or Kifid). 

Danny will be speaking on ‘Swaps litigation in Europe’

Prof Gerard McMeel

Gerard is Professor of Commercial Law at the University of Manchester, having previously held a Chair at the University of Bristol, and visiting posts at Tel-Aviv University, the University of Hong Kong, the University of South Carolina, Duke University, and Singapore Management University. He is the author of McMeel on the Construction of Contracts (3rd edn, 2017), which has been widely cited in appellate authority across the common law world, and a co-author of McMeel and Virgo on Financial Advice and Financial Products (3rd edn, 2014) and The Law of Personal Property (2nd edn, 2017). He is also a Barrister, a Tenant of Guildhall Chambers, and a Door Tenant at Quadrant Chambers. He has been involved in financial services and investment cases since the pension mis-selling litgation of the 1990s, represented the successful investors in Seymour v Ockwell, and has been involved in litigation involving claims by and against high net worth individuals, interest rate swaps, SIPPs, unregulated collective investment schemes, and far too many Ponzi schemes.

Gerard will be speaking on ‘Lessons from the English Swaps Mis-selling Litigation’

Richard Samuel

Richard practices at 3 Hare Court, and has a broad commercial practice with a strong international dimension. He is instructed act in disputes over contract law, fiduciary duties, company law, restitution, negligence and employment law in arbitrations and in the English High Court. He is also a prolific writer on issues of access to justice in his areas of practice and has written a series of articles advocating reform in access to justice in financial transaction disputes.

Richard will be speaking on ‘Access to Justice in Financial Transaction Disputes- Tribunal? Financial Ombudsman? Thoughts on the Need for Reform’

Speaker Slides

Click on ther links before for speaker slides from this event.

Swaps Litigation in Europe - Prof Dr Danny Busch

Lessons from the Swaps Mis-selling Saga - Prof Gerard McMeel

FCA Feedback Statement - Michel Reznik

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