Lloyd's Maritime and Commercial Law Quarterly
BANKS AND CONSUMER PROTECTION: THE DEPOSIT PROTECTION SCHEME IN THE UNITED KINGDOM
Andrew Campbell * and Peter Cartwright *
This article examines the Deposit Protection Scheme in the United Kingdom. In particular, it looks at the changes which have taken place to the scheme following the UK’s implementation of the Directive on Deposit Guarantee Schemes by the Credit Institutions (Protection of Depositors) Regulations 1995. The article contrasts the UK’s approach with that of the United States, and argues that the UK scheme compares unfavourably with its US counterpart from the point of view of consumer protection. It is further argued that, although the concept of “moral hazard” has been used to justify the inclusion of co-insurance in the UK scheme, this concept is not the justification it is often said to be.
1. Introduction
“Banks are not like ordinary debtors. A special importance attaches to the integrity and stability of the banking system; if people cannot trust their banks, whom can they trust?”1
“An effective system of banking supervision is as important as the banking system itself. For without it there would be no confidence on which sound banking depends—from the confidence of the individual depositor that his money is safe, to confidence in Britain as one of the foremost financial centres in the world, indicating the concerns at the highest level over the potentially far- reaching effects of a weak supervision system.”2
Effective bank supervision and investor confidence are inextricably linked. If investors are to have confidence in UK banks, then its banks must be subject to an effective supervisory and regulatory regime. If that regime is to be successful, and banks are to be safe, then investors need to have confidence. Banks are particularly prone to “systemic risk” caused by bank runs. This susceptibility is largely because customers are able to withdraw their funds at very short notice. Banking is an unusual business in that a well-managed and profitable bank can suddenly find itself in difficulties because of its financial structure and, in particular, the nature of its assets and liabilities. Banks’ assets, in the form of loans, are largely illiquid, while their liabilities, consisting mainly of deposits, are highly liquid. As
* Lecturer in Law, University of Wales, Aberystwyth.
1. S. Bristoll and R. Goode, “1992; The Insolvency Implications for Banks”, Chap. 7 of R. Cranston (ed.), The Single Market and the Law of Banking, 2nd edn (London, 1995) (hereafter “Cranston “), 121.
2. N. Lawson, Foreword to Banking Supervision, Cmnd 9695 (1985), 1.
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