City partners concerned over potential negative impact of Vickers' UK banking reform proposals
City lawyers have reacted critically to the Vickers report's proposals for reform of the UK banking sector, highlighting the potentially damaging impact on the City's status as a global banking hub. Key proposals contained within the interim report from the Independent Commission on Banking (ICB) include the suggestion that UK banks should ring fence their retail divisions from their investment banking arms and that there should be increased capital requirements for "systemically important banks".
April 14, 2011 at 01:40 AM
4 minute read
City lawyers have reacted critically to the Vickers report's proposals for reform of the UK banking sector, highlighting the potentially damaging impact on the City's status as a global banking hub.
Key proposals contained within the interim report from the Independent Commission on Banking (ICB) include the suggestion that UK banks should ring fence their retail divisions from their investment banking arms and that there should be increased capital requirements for "systemically important banks".
The report also concludes that a higher level of competition is required in retail banking, and in particular urges Lloyds Banking Group to sell off further branches.
The review, led by Sir John Vickers, a former Bank of England chief economist and head of the Office of Fair Trading, was set out in June 2010 by Chancellor George Osborne.
The report's proposals are designed to reduce risk in the banking sector, mitigate moral hazards, decrease the likelihood of future bank failures and promote competition in retail and investment banking.
However, many City lawyers are concerned that the proposals will have a negative impact on London's strength as a business hub.
Nabarro corporate partner Alasdair Steele said: "The ICB acknowledges that implementing its reforms will cost the banks. Shareholders and investors are unlikely to bear the full brunt of these changes so, if they are followed through, we can all expect to pay more for our banking through higher costs and fees and lower returns on our savings.
"The ICB acknowledges that there is a lack of empirical data on whether the proposed reforms will drive major banks away from the UK. It seems to dismiss the future risk to the City of any such relocation, but while the immediate impact of the loss of a major bank's headquarters may be relatively small, the long-term risk is considerably greater. New products and business lines are more likely to be developed from headquarters outside the UK, which over time will lessen the importance and influence of London as a financial centre."
Ashurst regulatory partner Rob Moulton said: "The Banking Commission has tried to chart a course between splitting up the banks and not disrupting their role. This is a difficult course to plot. Banks are either separate or they are integrated in some way. Like pregnancy and death, you either are or you aren't.
"The balanced route gives rise to a lot of unanswered questions. How will the failure of the investment banking arm of a retail bank not impact upon the credibility of its retail operations, which depend upon continued public confidence? Will the proposal encourage banks to operate their main businesses from abroad, where no such restrictions apply, and conduct their UK operations from a branch in London?"
Norton Rose head of financial institutions James Bateson (pictured) added: "The public interest cuts both ways. It is as important for the UK to have a vibrant banking industry as it is to protect the public against the consequences of systemic failure. We have seen regulatory 'goldplating' in other parts of the financial services sector, which has neither protected against the relocation of businesses to more competitive jurisdictions nor wholly protected against the possibility of failure.
"The focus should be more on how to deal with orderly resolution if things go wrong than on expensive capital requirements and potentially burdensome structural changes, neither of which will wholly achieve their stated objectives."
The final findings of the ICB will be published in September, although the Government is not obliged to comply with the commission's conclusions.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMalaysia’s Shearn Delamore Set To Expand Local Footprint With New Office Launch
CMA Uses New Competition Powers to Investigate Google Over Search Advertising
‘A Slave Drivers' Contract’: Evri Legal Director Grilled by MPs
Trending Stories
- 1Cybersecurity Breaches, Cyberbullying, and Ways to Help Protect Clients From Both
- 2AI in 2025: Five Key Predictions on How It Will Reshape International Law Firms
- 3Justice Known for Asking 'Tough Questions' Resolves to Improve Civility
- 4Robinson & Cole Elects New Partners and Counsel
- 5'If the Job Is Better, You Get Better': Chief District Judge Discusses Overcoming Negative Perceptions
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250