This second edition of Mis-Selling Financial Services is a practical guide to litigating claims arising from the mis-sale of financial products and services. It covers the history of 'mis-selling' litigation and provides an updated overview of the regulatory landscape and how such claims are formulated, as well as a thorough review of the key issues. The revised chapters give an in-depth analysis of the financial products which most commonly form the subject of such claims, from credit to collective investment schemes. Key Features: Updated with new chapters on Financial Ombudsman Service (FOS) and unfair terms Explanation of the key issues and considerations concerning mis-selling litigation Clear and concise analysis on the law relating to the mis-selling of regulated financial services products Overview of the UK and European regulatory framework governing the sale of financial products, with particular focus on five key product types: credit, mortgages, investments, insurance and collective investment schemes With consideration of key legal and practical concepts and issues, this book is an essential read for practitioners and in-house counsel working in the financial services industry. Academics who are researching within the fields of financial services law or consumer protection will also find this to be an informative text.

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive practical and theoretical knowledge of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe. With contributions from more than 40 insolvency law experts, this book provides extensive coverage of executory contracts, encompassing both developed and developing countries, and drawing on not only so-called common and civil law systems, but also, countries with hybrid systems of law. The book explores ipso facto clauses, improvements that could be made, as well as casting light on procedural and tactical issues and considerations when attempting to address executory contracts in the different jurisdictions. Providing a globalised and comparative perspective on executory contracts in insolvency law, this book will be an invaluable tool for legal practitioners requiring a cross border perspective on the subject, as well as for academics and researchers pursuing a study of the topic. It will also benefit policy makers and institutions seeking to introduce insolvency law reforms in their home countries. Contributors include: S. Abel, V. Buttafuoco, J. Carles Delgado, C. Chamorro-Courtland, J. Chuah, J. Chun, C. Cuesta, R. de Weijs, I. Dube, J. Garasic, K. Gasparke, G. Georgiev, E. Ghio, R. Guidotti, F. Heemann, C. Kacar, P. Keinert, F. Kernbichler, B.U. Khan, D. Konstantinov, L.H. Langkjaer, J.M. Lezcano Navarro, Y. Long, M. Mannan, C. Marumoagae, H.J. Miguens, A. Nocilla, L. Panestos, S. Petrovic, A. Plevri, M. Rahman, R. Righi, M.E. Saavedra, M.I. Saez, G. Shkurtaj, S.L. Steele, E. Streten, J. Tuomisto, E. Vaccari, M. Verdonk, B. Wang, J. Winters, C.H. Zattera, K. Zdolsek

This incisive book critically explores the principles, purpose and application of corporate rescue in order to bring new significance to rescue theory. Responding to key legislative developments and recent case law, it examines major insolvency theories and establishes which theoretical principles are prominently applied in practice, and whether these principles have affected the drivers of policy consideration. John M. Wood gives unique consideration to value within a corporate failure and rescue context, focusing on the issue of identifying the value of a company and its assets so that optimal rescue outcomes can be realised. Wood provides a detailed examination of the professional discretion afforded to insolvency practitioners to determine how commercial decisions, like rescue proposals, are construed. The in-depth analysis of key cases such as Re One Blackfriars Ltd and legislation including the Corporate Insolvency and Governance Act 2020 will prove invaluable for both practitioners and policy makers exploring corporate insolvency and rescue reform. It will also be of interest to scholars and students of insolvency law, as well as company law more broadly.

This comprehensive Commentary provides article-by-article exploration of EU Regulation 655/2014, analysing and outlining in a straightforward manner the steps that lawyers, businesses and banks can take when involved in debt recovery. It offers a detailed discussion of national practice and legislation in order to provide context and a deeper understanding of the complex difficulties surrounding the procedural system created by the European Account Preservation Order (EAPO) Regulation. Aiming to offer a practical and comprehensive overview of the EAPO Regulation, this book highlights its strengths and potential to increase the efficiency of cross-border debt recovery within the European judicial area. D'Alessandro and Gascon Inchausti examine the descriptive and analytical literature focusing on the EAPO Regulation, while also considering available reports and national case law databases. The book also takes into account the interplay between the EAPO Regulation and the other instruments of the European Law of Civil Procedure, and provides analysis of the case law of the Court of Justice of the European Union and national courts. Key Features: Article-by-article commentary and analysis Practical direction in the field of cross-border debt recovery Detailed discussion of national practice within the EU A contextual approach Offering a clear and direct way to address the issues and solutions surrounding EAPO Regulation, this comprehensive book will be an ideal companion for legal practitioners specializing in debt recovery as well as students interested in European law and finance.

Fifty years on from the introduction of Value Added Tax (VAT) across the European Union and its Member States, this comprehensive book provides a practical commentary on, and analysis of, the harmonised system of VAT in the EU. This meticulously researched reference work not only analyses legislation and case law, but also examines them in the broader context of the operation of EU law. Written by a team of expert practitioners led by KPE Lasok QC, an authority on European law with extensive practical experience of VAT and Customs cases, this book includes a detailed discussion of the relevant case law of the Court of Justice of the European Union, considering cases critically with a view to identifying underlying trends and principles. Key features include: consideration of the broader context in which EU law operates comprehensive, simultaneous analysis of legislation and case law critical examination of principles underpinning relevant case law a definitive exposition of the present state of the harmonised EU VAT system. EU Value Added Tax Law will prove to be an indispensable source of practical knowledge and background information for tax practitioners advising clients and in-house tax advisers assisting their employers in relation to VAT in the EU, as well as officials of tax authorities in EU Member States. Academics researching or teaching VAT will also find this book's detailed and critical coverage invaluable. Contributors include: S. Black, E. Hellier, T. Lall, KPE Lasok, H.L. McCarthy

This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation. Key features include: clarity on the procedural requirements for judicial review a comprehensive commentary on the existing case law of EU courts in the field insight and analysis from front-line practitioners, as well as expert scholars a detailed and up-to-date examination of banking supervision and resolution in the EBU discussion of the development of EBU law as a crucial area of EU law and its integration into the EU's legal order. This book is a must-read for practitioners in the field of banking law and regulation. In particular it will be the authoritative reference point for those working in European and national public institutions such as supervisory and resolution authorities, courts, central banks and ministries of finance, as well as those working in or advising private organisations concerned with the exercise of supervisory and resolution powers. The book will also be of significant interest to scholars and postgraduate students of EU financial and banking law and governance.

This insightful book critically explores the political, constitutional, legal, and economic challenges of effectively combating the laundering of the proceeds of crime by politically exposed persons (PEPs) in Africa. Professor John Hatchard draws on numerous recent examples from Africa and beyond, arguing that a three-pronged approach is required to address the issues surrounding money laundering by PEPs; there must be action at the national, transnational, and corporate levels. Taking a forward-thinking perspective, he reviews the strategies which would make this approach effective and offers suggestions for their further enhancement. Professor Hatchard also provides an in-depth analysis of the different money laundering techniques used in African countries and suggests how constitutions, financial intelligence units, asset recovery mechanisms, and the African Court of Justice and Human Rights can be utilised to tackle the problem. The book concludes that while challenges remain, there is cause for optimism that money laundering by African PEPs can be addressed successfully. This book will be of interest to academics and students of law, particularly those focusing on financial law, corruption, and economic crime. Containing a wealth of practical case studies, it will also be beneficial for legal practitioners, policymakers, public officials, and civil society organisations.

EU Tax Disclosure Rules provides a comprehensive, practical guide to the 6th amendment of Council Directive 2011/16/EU on administrative cooperation in the field of taxation (known as DAC6). Florian Haase offers insight and clarity into the mandatory reporting obligations imposed by DAC6 on intermediaries engaged in tax matters involving cross-border activities, and in some cases taxpayers themselves, as well as the characteristics or 'hallmarks' outlined in the Directive that trigger these obligations. Key features include: a critical examination of the Directive's mechanism an overview of the status of implementation in EU Member States a contextual consideration of the legislative environment in which DAC6 operates insights into practical issues that may arise from the viewpoint of intermediaries and relevant taxpayers discussion of potential future developments of the Directive. The detailed coverage of the Directive and its implications contained in this new work will prove invaluable for all tax practitioners advising on EU tax law, including tax advisors, lawyers, mergers and acquisitions advisors, and in-house counsel for banks. It will also be of interest to academics working in tax law, as well as in commercial law and EU law more generally.

Advocating for more standardised data governance practices and promoting the digital economy, Data Governance in AI, FinTech and LegalTech investigates the rationale, legal base and tools of data governance in the financial sector. This timely book makes a significant contribution to the debate around how rapidly-evolving digital finance practices should be regulated. Contributions from leading researchers examine a range of financial services, offering a comprehensive assessment of the available tools for constructing multi-layered matrix systems for data governance in the financial services sector. Chapters explore data governance in the cryptocurrency market, crypto-asset providers, legal services for mergers and acquisitions, consumer insurance, consumer finance, digital platform services, securities exchanges and the green bond market. The book serves to define the legal contours of data governance, taking account of the influence of shifting business models, the views of multiple stakeholders and emerging issues surrounding data protection, privacy and cybersecurity. This is a crucial read for scholars of law and finance who are researching data regulation, data governance and financial market law. Exploring both the opportunities and risks arising from the digital transformation of financial markets, it will also be invaluable for practitioners and policy makers working in the financial sector, law, risk management and compliance.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This Research Agenda considers the future direction of research in tax law, channeling creative thinking from leading tax scholars around the world who explore potential routes for further development in both traditional and more unconventional areas of tax law. Showcasing visionary and provocative thoughts from leading international tax scholars, each chapter follows a clear methodological structure, setting each specific topic in context before identifying research gaps indicating potential avenues for future research. These developments are discussed in relation to tax law's interaction with a myriad of cutting-edge topics such as environmental challenges, new technologies, racial and immigration issues. The expert authors astutely draw out the social implications of tax law in order to present a case for developing a more global and interconnected approach to contemporary research ventures. A Research Agenda for Tax Law will provide guidance and inspiration for future researchers, doctoral students and scholars in the field of tax law and fiscal policy who wish to dive into some deeper, and perhaps unknown, waters of taxation.

This comprehensive Commentary examines the implications of the EU's Market Abuse Regulation, introduced following the 2008 financial crisis after gaps were identified in the existing regulatory framework. It explores whether and how the Regulation achieves its aims of preserving the integrity of financial markets by preventing insider dealing and market manipulation, providing a harmonised legal framework, and increasing legal certainty for all market participants. Key features include: in-depth contributions from leading scholars and practitioners in the field practical discussion of the interpretation and implementation of the Regulation, including pertinent national and European case law systematic article-by-article analysis of the Regulation, illuminating the purpose of each provision as well as providing relevant historical and legal context Scholars of EU financial and banking law, particularly those with an interest in market abuse and financial crime and corruption, will find this Commentary a valuable resource. It will also be of great practical benefit for practitioners and in-house counsel working for or with banks, investment firms and other financial institutions.

This comprehensive book adopts a nuanced yet straightforward approach to analysing the complex phenomenon of international tax competition. Using the ongoing international efforts of the Organisation for Economic Co-operation and Development (OECD) and the European Union (EU) as a basis for its analysis, it explores the mixed effects of tax competition and offers an effective approach that takes account of the asymmetrical global context. Providing a history of the OECD's work on tax competition to date, Chidozie George Chukwudumogu argues against conventional efforts to merely restrict international tax competition, putting forward a wide regulatory approach that is more appropriate and considerate of the inequality of the states involved. The author further explains and simplifies complex terms and principles of international tax policy, demystifies common assumptions about tax competition, and identifies commonalities beyond the often polarizing debates on the topic. The Regulation of Tax Competition will be a crucial resource for academics, researchers and students with an interest in international tax law and policy. Policymakers in both international organisations such as the OECD and EU and in national governments will also benefit from awareness of the arguments explored in this book.

This is an indispensable and practical overview of the functions and liabilities of the insolvency practitioner (IP), bringing together the expertise of insolvency practitioners and specialist lawyers. It considers the circumstances in which IPs are appointed, their duties and their powers, before offering a detailed investigation into their potential professional liabilities, as well as in-depth guidance to practitioners and advisers as to how claims might be framed and defended. Utilising knowledge drawn from decades of practice, Insolvency Practitioners examines both reported case law and unreported cases from the authors' own experiences to provide unparalleled insight and information. It also discusses unresolved and tendentious matters such as aspects of remuneration, the end of personal IP licensing, and recent changes introduced by the Corporate Insolvency and Governance Act 2020, and provides clarity on the latitude given to IPs in exercising their commercial judgement. This book provides unique and comprehensive coverage of the significant body of case law in this area, and will prove essential reading for all IPs, insolvency and restructuring lawyers, as well as those dealing with matters relating to professional negligence. Its exploration of contentious issues in the field will also be of interest to academics and postgraduate researchers with a focus on insolvency law.

The rise of Fintech and crypto-assets in the payments sector presents new opportunities and challenges for firms, regulators and policymakers, and the law is continually changing to keep pace with these developments. This book provides an overview and practical examination of key areas of payments law and regulation in the EU and UK, as well as introductions to analogous legal regimes in the United States, Hong Kong, Singapore and sub-Saharan Africa. Key features include: Practical guidance for firms navigating payments regulation Coverage of a broad range of legal and regulatory issues affecting payments Contributions by leading legal practitioners who advise on the relevant topics on a daily basis Discussion of the latest technological developments in the sector and corresponding regulatory responses. This book will be an essential resource for lawyers, in-house counsel and compliance officers in the payments and Fintech sectors. Law students and academics interested in legal and regulatory issues relating to payments will also benefit from this comprehensive book.

This timely book provides a comprehensive overview of European pension law with a dual purpose: both to introduce the legal aspects of different forms of pension at the European level, as well as to explore the main legal policy issues. Throughout the book, the three main types of pension - state pension, occupational pension and personal pension - are examined, together with the issues of financing, institutions, solvency, stakeholders, and rights and duties. The book therefore provides a nuanced guide to the field, going beyond merely a paraphrase of European law or the case law of the European Court of Justice. Yves Stevens also outlines the main principles of European pension law, reflecting on them from historical, sociological and teleological points of view. The constant interaction between law, economics and social policy is the reference point for the legal debates at the heart of this book. Offering a unique insight into how the European bodies work to bring about pension legislation, EU Pension Law will be a key resource for scholars and students in the fields of financial regulation and economics, European law, finance law and social security law.

Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings. Contributors include: E. Andreeva, R. Bodis, J. Bojars, C. Booth, D. Cerini, A. Demetriadi, M. Dordevic, K. Farry, O. Fromholdt, E. Fronczak, J. Garasic, D. Grant, R. Harrison, E. Hellstrom, F. Helsen, J.-O. Heuer, V. Hoffeld, P. Jaatinen, G. Janoshalmi, B. Holohan, N. Jungmann, T. Kadner Graziano, S. Kantara, P. Keinert, B. Lurger, M. Melcher, L. Montrasio, J. Morais Carvalho, R. Norkus, A. Orgaard, D. Orsula, G. Piazza, J.P. Pinto-Ferreira, K. Pisani Bencini, M. Porzycki, A. Rachwal, M. Reymond, P. Rubellin, V. Sajadova, P. Sprinz, M.E. Storme, T. Tofaridou, H. Vallender, F.J.A. Varona, I. Venieris, P. Viirsalu, O. Zaitsev, A. Zetko, L.G. Zidaru

This unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject. Throughout the book, Eugenio Vaccari and Emilie Ghio demonstrate how to successfully navigate the uncharted waters of the significantly revised English corporate insolvency rules and procedures. Chapters answer foundational questions in insolvency law, such as: How are companies liquidated in England? How and why are they rescued and restructured? What happens when a company is liquidated or restructured, but has assets and creditors in England and abroad? The book also includes a comprehensive analysis of the sweeping and far-reaching changes to the regulatory framework introduced in the wake of the COVID-19 pandemic. Providing a blend of accessible but detailed guidance and critical discussion, the hybrid nature of English Corporate Insolvency Law: A Primer will make the book an ideal companion for students, practitioners (especially new entrants to the profession) and researchers in the fields of company and insolvency law, both within England and internationally.

This innovative Commentary boasts contributions from internationally renowned experts with extensive and diverse backgrounds, providing a comprehensive, critical, article-by-article and thematic analysis of the EU Regulation No 1503/2020 on European Crowdfunding Service Providers for Business (ECSPR). Chapters analyse Member States' adaptation of their legal frameworks to the ECSPR, underlying similarities, divergences, additional problematic issues and residual regulatory fragmentation. Key Features: A theoretical and cross-sectoral approach to crowdfunding services and relative regulations Constant comparison of ECSPR's provisions with other similar or interrelated EU frameworks An article-by-article and thematic analysis of the ECSPR, underlying its strengths, innovative characters and problematic aspects Analysis of the implementation of the ECSPR in different countries and adaptation of their legal frameworks, including France, Germany, Italy, Portugal, Spain, the Netherlands, Nordic countries and the Baltics The Commentary is a fundamental companion to the interpretation and application of the ECSPR which will appeal to a diverse range of readers. Academics, scholars, practitioners and professionals interested in financial regulation, EU law, technology law, business law, law of contracts, competition law, international law and comparative law will find this a beneficial resource.

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies - human rights, democracy, and the rule of law - and the investment treaty regime, but also the potential for co-existence and complementarity. Contributions from leading experts in the field address how different systems of constitutional law interact with the investment treaty regime. Chapters provide a detailed overview of the various forms of interaction, and critically engage with the competing claims for supremacy that constitutional law and international investment law formulate. The book also addresses the reactions within the investment treaty regime to the demands formulated by constitutional law, in particular the use of constitutional analogies to understand international investment law and investor-state dispute settlement. Investigating the leading questions and issues surrounding this growing topic, this book will be an ideal read for students and scholars interested in financial, economic, and international law. Practitioners of constitutional law will also benefit from this innovative book.

The third edition of EU Customs Law provides a fully updated treatment of legislation, new treaties and cases in the two courts of the EU especially but also in Member States. This volume also includes commentary on the Union Customs Code and secondary legislation, and increased coverage of areas such as the wider role of customs authorities apart from the collection of customs duty, such as security of goods and post 9/11 developments generally, the history of customs unions and their implications for governments, non-EU customs unions to which EU law is relevant, and the inter-relation between customs duty and direct tax.

In this Research Handbook, today's leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors - particularly secured creditors - in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics. Chapters trace the historical path of both law and policy analysis, with a focus on how the bankruptcy process serves underlying policy objectives. Proposals to reform corporate bankruptcy are presented. Research Handbook on Corporate Bankruptcy Law includes policy analysis by both lawyers and economists and is thus an invaluable resource to law scholars and students interested in the economic analysis of corporate bankruptcy law, as well as to economics and business scholars and students studying the law of corporate bankruptcy. These pages will prove equally valuable to lawmakers and judges who are interested in policy analysis of corporate bankruptcy. Contributors include: K. Ayotte, D.G. Baird, A.J. Casey, T.H. Jackson, M.B. Jacoby, E.J. Janger, S.J. Lubben, E.R. Morrison, J.A.E. Pottow, R.K. Rasmussen, M.J. Roe, A. Schwartz, M. Simkovic, D. Skeel, R. Squire, G. Triantis, M.J. White, T.J. Zywicki