ABSTRACT
This paper will take as a starting point the recent warning by Lord Leggatt in Philipp v Barclays Bank [2023] that private law should not overreach into areas of regulation. He thought that it is not the role of private law or the courts to provide a ‘fair balance’ but one for legislators and regulators. The divide may not, however, be that apparent in smaller jurisdictions given their fewer resources and overriding policies that may call for more interventionist judges. In any case, statutes still have to be interpreted in the courtroom particularly because financial legislation often uses private law concepts. Aside from that, there are also gaps and choices that remain given that ‘text means language in context’. The interaction between private law and financial regulation is examined in the areas of authorised push payment fraud, business trusts, company charges, collective investment schemes and digital assets.
Tjio, Hans, The Interaction of Private Law and Financial Regulation (November 22, 2024), NUS Law Working Paper No 2024/012; NUS EW Barker Centre for Law & Business Working Paper 24/06.
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