Dispute resolution for financial services lawyers

This Overview signposts key materials for practitioners managing financial services disputes, from forum selection to settlement.

Dispute resolution in this sector is shaped by the regulatory framework and market infrastructure. Practitioners must navigate the interplay between FCA and PRA supervision and enforcement, Payment Systems Regulator’s directions, and alternative fora such as the Financial Ombudsman Service. Choices include using the Financial List and the Financial Markets Test Case Scheme, arbitration under standard clauses, or contractual expert determination. Common patterns include alleged mis‑selling, operational incidents (including payment and IT failures), authorised push payment fraud, and disputes under master trading documentation.

Core legal issues encompass causes of action and defences in contract, tort and equity, statutory claims under the Financial Services and Markets Act 2000 (including sections 90, 90A and 138D), Consumer Credit Act unfair relationship provisions, and market abuse or disclosure - related claims. Procedural priorities include collective actions and group litigation, jurisdiction and governing law in a post‑Brexit environment (including the Hague Choice of Court Convention 2005), limitation and section 32 postponement, interim relief (freezing and disclosure orders), and evidence and disclosure constraints arising from...

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