Posted: December 31st, 2015

Critically evaluate the concept of ‘ring-fencing’, the division between retail banking and risker forms of banking such as investment banking and proprietary trading

TOPICS IN BANKING LAW
1. Critically evaluate the EU Single Supervisory mechanism and consider whether it would be a good idea for the UK, albeit a non-Eurozone country, to opt-in to the mechanism.
2. Critically evaluate the concept of ‘ring-fencing’, the division between retail banking and risker forms of banking such as investment banking and proprietary trading. Is it a necessary last step to prevent a recurrence of the international financial crisis of 2008-09 or merely an expensive political gesture which will render UK banks less competitive than their overseas competitors?
3. ‘While the floating charge is a flexible security instrument it suffers serious disadvantages as opposed to the fixed charge and in modern banking is not a particularly useful security for banks.’ Critically evaluate this statement.
4. The judge in Suremime Limited v Barclays Bank Plc [2015] EWHC 2277 (QB) concluded that it was arguable that a bank may owe a customer a tortious duty of care arising from the bank’s agreement with the Financial Conduct Authority. There was no basis in law for reaching such a conclusion. Discuss.

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