This article provides a critique of the decision of the UK Supreme in Hopcraft v Close Brothers addressing its impact on the multiple conduct of business regimes which have emerged over recent decades for various species of financial intermediation, and which aim to raise standards of behaviour and customer outcomes. The argument is that the decision of the Supreme Court should not be seen as erecting impediments to the effectiveness of those conduct regimes, or the appropriate development of common law and equitable principles in the financial service context.
10 JAN 2026In this article Professor Gerard McMeel KC considers discussions in recent Italian local authority swaps cases of the controversial doctrine of contractual estoppel and its potential impact on questions of capacity.
1 JAN 2023