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Contents
- Preliminary Material
- Main Text
- Introduction
- Preliminary Material
- Intro 1.01
- Intro 1.02
- Intro 1.03
- Intro 1.04
- Intro 1.05
- Intro 1.06
- Intro 1.07
- Intro 1.08
- Intro 1.09
- Intro 1.10
- Intro 1.11
- Intro 1.12
- Intro 1.13
- Intro 1.14
- Intro 1.15
- Intro 1.16
- Intro 1.17
- Intro 1.18
- Intro 1.19
- Intro 1.20
- Intro 1.21
- Intro 1.22
- Intro 1.23
- Intro 1.24
- Intro 1.25
- Intro 1.26
- Intro 1.27
- Intro 1.28
- Intro 1.29
- Part I The General Context
- Part II The Financial Crisis of 2007–2011
- Preliminary Material
- 6 Market and Regulatory Failure
- 7 The Initial Impact of the Financial Crisis on Financial Markets
- 8 The Initial Legal and Regulatory Responses to the Financial Crisis in the UK
- Preliminary Material
- A Overview of Legal and Regulatory Responses
- B The Banking (Special Provisions) Act 2008 and The Banking Act 2009
- 8.11
- 8.12
- (1) The Stabilization Options under the Special Resolution Regime
- (2) Bank Insolvency and Administration
- C Lehmans UK Litigation
- D The Landsbanki ‘Freezing Order’
- E The Turner Review and the Initial Response of the FSA
- F The Walker Review
- 9 The Initial Response to the Financial Crisis by the EU and Elsewhere
- Part III The Conduct Crisis
- Preliminary Material
- 10 The Impact of the Libor Scandal: Concerns about Misconduct and Findings of the Conduct Costs Project
- 11 Sustainability, Responsibility, Public Trust, Ethical Drift, and the ‘Social Licence’ Concept
- 12 Ethics and Standards
- Part IV Regulatory and Other Developments in the UK 2010‒2016
- Preliminary Material
- 13 Financial Services Act 2012: Changes to the Regulatory Architecture
- 14 Financial Services (Banking Reform) Act 2013
- 15 Individual Accountability
- 16 General Legal and Conduct Risk Implications of the Crises and Regulator-Led Redress
- Preliminary Material
- A General
- B The Litigation and Criminal Charges that Initially Followed the Financial Crisis
- C Government Influence over Banks and the Immediate Post-Financial Crisis Regulatory Environment
- D A Legal Brake on Liability—Notable Developments in Bank Mis-selling Cases
- E Post-Crises Redress Schemes and Legal Risk
- Part V Legal and Conduct Risk in Interconnected Financial Markets
- Preliminary Material
- 17 Legal and Conduct Risk in a Globalizing Financial Market
- 18 The Role of International Institutions in Financial Law Reform
- 19 ‘Brexit’
- Part VI Early Perceptions of Legal Risk
- Preliminary Material
- 20 A Landmark Case and its Aftermath
- 21 A Case of Conceptual Impossibility
- 22 Settling Differences
- Preliminary Material
- A Early (but Perennial) Concerns about Set-off and Netting
- B General Issues
- C Why the Concerns Became Acute
- D The FLP’s First Guidance Notice
- E Problems with Stock Lending Documentation—A Case Study
- F Case Law and Legislative Developments
- G Multilateral Netting—The British Eagle Case and its Aftermath
- Part VII Characteristics of Legal Risk
- Preliminary Material
- 23 Definition
- 24 Sources of Legal Risk
- 25 Causation
- Part VIII Examples of Legal Risk
- Preliminary Material
- 26 Property Interests in Indirectly Held Investment Securities
- 27 Vague Laws
- 28 Recharacterization
- Part IX Legal and Conduct Risk Management
- Preliminary Material
- 29 The Essentials of Legal and Conduct Risk Management
- 30 Lawyers’ Responsibility for the Management of Legal and Conduct Risk
- 31 Metrics in Conduct Risk and Reputation Management: Predictions and Perception
- 32 Managing the ‘Grey Areas’Standards, Scenario Analysis, and Case Studies
- Part X Conclusions
- Introduction
- Further Material
- Appendix 1 How the Financial Markets Law Committee works and why we need it: Interview with Lord Woolf
- Appendix 2 Interview with David Ereira
- Appendix 3
- Appendix 4 Extract from the Turnbull Report
- Appendix 5
- Appendix 6 Recommendations from the C&I Group Paper regarding legal advice privilege
- Appendix 7 Legal and Compliance Risk in Financial Institutions
- Appendix 8 Guernsey Financial Services Commission
- Index