Podcast Location:
Download it here [file size: 37.7 MB]
Categories:
Banking and Financial Services
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

Regulatory liability has acquired a certain degree of importance and urgency in recent years both within and beyond EU borders. This two-part CPDcast series provides vital information for practitioners relating to the financial crisis and regulatory liability. Part One begins by outlining the ECJ’s recent decision in the Peter Paul case. It also examines the Deposit Guarantee Schemes Directive, the application of regulatory immunity to member states, the Consolidation Directive and the 'misfeasance in public office' tort. Part Two continues to explain the 'misfeasance in public office' tort and its application in the BCCI proceedings. It also considers regulatory immunity in the USA, Hong Kong and Canada before discussing regulatory liability in civil law jurisdictions.

Outcomes:
After completing the course you will:
  • Understand how the Deposit Guarantee Schemes Directive operates;
  • Have considered the ECJ’s decision in the Peter Paul case;
  • Understand the purpose of deposit-protection schemes and the rights conferred on depositors;
  • Appreciate the purpose of the Consolidation Directive;
  • Understand the issues in the BCCI litigation;
  • Have considered the ECHR and regulatory liability;
  • Understand how regulatory liability operates in both common law and civil law jurisdictions;
  • Understand the requirements of the ‘misfeasance in public office’ tort;
  • Have considered what the court requires for an allegation of bad faith to proceed.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Ashingdane v The United Kingdom [1985] ECHR 8;
  • BCCI litigation;
  • Cooper v Hobart [2001] 3 S.C.R. 537, 2001 SCC 79;
  • Deposit Guarantee Schemes Directive (94/19/EC);
  • European Convention on Human Rights;
  • Financial Services and Markets Act 2000 ;
  • Flemming v Securities Commission (1995) 7 NZCLC 260,697; [1995] 2 NZLR 514 (CA);
  • Francovich v Italy (1990) C-6/90;
  • Gulf Insurance v The Central Bank of Trinidad & Tobago [2005] UKPC 10;
  • Hall and others v Bank of England [1999] All ER (D) 785;
  • Peter Paul and Others v Bundesrpublik Deutschland (2004) ECR 1-09425;
  • Yuen Kun Yeu and Others v Attorney General of Hong Kong (PC) [1988].

In this two-part CPDcast series, Charles Proctor discusses the financial crisis and regulatory liability. The podcasts examine the Deposit Guarantee Schemes Directive, the Consolidation Directive and the application of regulatory immunity in both common law and civil law jurisdictions.

Date Recorded: 8th November 2012

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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