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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