James Potts

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Selected publications:

Contributing editor, Paget's Law of Banking (16th edition, 2023)

Contributing editor, Phipson on Evidence (19th edn, 2019, 20th edn, 2021, 21st edn, 2023)

UK chapter in INSOL International, Bank Resolution: Key Issues and Local Perspectives (2019)

Human Rights and the Application of the ECHR and HRA 1998 to Directors’ Disqualification, Directors’ Disqualification looseleaf, LexisNexis (2019-)

European Union law division, Butterworths Financial Regulation Service looseleaf, LexisNexis (2018)

Contributor, Jordan's Regulatory and Disciplinary Proceedings (8th edn, 2015, 9th edn, 2017, 10th edn, 2019)

"Client money claims against brokers in the Lehman aftermath", Journal of International Banking and Financial Law (2015):
https://www.counselmagazine.co.uk/articles/jibfl-client-money-claims-against-brokers-the-lehman-aftermath

Atkins Court Forms: Financial Services Volume 19(5), LexisNexis (2014)

“Hers is the loveliness of death / That parts not quite with parting breath”: Byron’s Anti-Utopian Images of Greece in The Giaour and Don Juan, in The Place of Lord Byron in World History. Studies in His Life, Writings, and Influence - Selected Papers From the 35th International Byron Conference (2013)

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Papers by James Potts

BANK RESOLUTION, Chapter 9: United Kingdom

INSOL International Bank Resolution: Key Issues and Local Perspectives, 2019

This chapter considers in detail the bank resolution regime in the UK including the key legislati... more

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"The competing interests between bank and borrower when a bank in resolution sells debt", Butterworths Journal of International Banking and Financial Law 32 (2017), pp.268-270

by Hodge Malek and James Potts

KEY POINTS Use of the bridge bank or asset management vehicle resolution measures has the pot... more KEY POINTS Use of the bridge bank or asset management vehicle resolution measures has the potential to result in significant prejudice to good debtors. If, by way of example, a bank headquartered in another EU member state is failing but the business of its UK branch is financially viable and the bank is made subject to resolution measures in the EU member state, UK resolution authorities could refuse to recognise the third-country resolution action and resolve the UK branch independently, giving consideration to the objective of avoiding disproportionate interference with borrowers' property rights. However, the UK government has made it clear that use of new powers to resolve UK branches independently of third-country resolution authorities is a matter of last resort so borrowers should look for ways to protect themselves contractually at the outset.

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