Abstract

This is the second part of a two-part article that presents the results and conclusions of a year-long research project into what the BCCI liquidators' claim against the Bank of England for misfeasance in public office might have to tell us about risk-based financial regulation. Part 1, published in the last issue of LFMR, explained the legal nature of that claim and discussed possible understandings of “risk” that might provide insight into how and why this litigation took the course it did. Part 2 continues the analysis of the liquidators' claim at trial stage and draws some more general conclusions about risk-based financial regulation.

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