Welcome to our Litigation 2024 Year in Review and 2025 Outlook. In this report, we examine the legal trends that have shaped the commercial landscape in Europe and the UK and explore how these developments are likely to...more
2/11/2025
/ Arbitration ,
Class Action ,
Competition ,
Contract Disputes ,
Corporate Governance ,
Cryptocurrency ,
Data Privacy ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Financial Institutions ,
Insolvency ,
Litigation Strategies ,
Mergers ,
Regulatory Reform ,
UK ,
Whistleblower Protection Policies ,
Whistleblowers
The regulator has significantly rowed back on aspects of the proposals following industry and government feedback.
On 28 November 2024, the FCA published revised proposals for announcing enforcement investigations....more
The FCA plans to streamline its approach to enforcement and publicise investigations at an early stage.
On 27 February 2024, the FCA published a Consultation Paper (CP24/2) on its proposed new approach to publicising...more
Recent changes to the PRA’s approach to enforcement show an increased focus on expediting the investigative process and incentivising early admissions.
On 30 January 2024, the Bank of England (the Bank) unveiled a number...more
2/28/2024
/ Attestation Requirements ,
Bank of England ,
Banks ,
Enforcement Priorities ,
Financial Institutions ,
Government Investigations ,
Prudential Regulation Authority (PRA) ,
Senior Managers ,
Settlement ,
UK ,
Voluntary Participation
Welcome to our London Litigation Year in Review and 2024 Outlook. In this report, we examine the litigation trends that shaped the commercial landscape in 2023 and look at how these developments are likely to play out in the...more
1/19/2024
/ Antitrust Litigation ,
Artificial Intelligence ,
Banking Sector ,
Criminal Investigations ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Environmental Social & Governance (ESG) ,
Financial Institutions ,
Shareholder Litigation ,
White Collar Crimes
The FCA and the PRA have published their long-awaited consultations which aim to formalise how firms approach diversity and inclusion.
On 25 September 2023, the FCA and the PRA published separate but related consultation...more
10/2/2023
/ Compliance ,
Compliance Monitoring ,
Consultation ,
Corporate Governance ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Proposed Regulation ,
Prudential Regulation Authority (PRA) ,
UK ,
Willful Misconduct
Many sectors, including financial services, have encountered a discernible increase in whistleblows in recent times — a trend that shows no signs of abating. Indeed, some whistleblowers have seen fit to publicise their...more
The FCA stated that the perpetrator’s character is key to non-financial misconduct investigations, which suggests a mismatch with recent case law.
In last year’s Frensham case, the Upper Tribunal considered how relevant...more
The FCA has long since regarded non-financial misconduct as potentially relevant to the integrity and reputation elements of a regulated individual’s fitness and propriety. While not formally defined, non-financial misconduct...more
The FCA is proposing to set higher expectations for firms operating in retail markets.
On 14 May 2021, the FCA published a Consultation Paper (CP21/13) on introducing a new Consumer Duty....more
In a leading case, the Court examined the extent of the duty of care that a bank owes to its customers when executing their orders.
On 30 October 2019, the UK Supreme Court dismissed Daiwa’s appeal in the case of...more
11/4/2019
/ Appeals ,
Banking Sector ,
Breach of Duty ,
Dismissals ,
Duty of Care ,
Fiduciary Duty ,
Financial Crimes ,
Fraud ,
Public Policy ,
UK ,
UK Supreme Court
The new code aims to avoid customers being penalised for fraudsters’ actions.
Estimates indicate that fraudsters stole £1.2 billion from UK bank accounts in 2018 — a 16% increase on the previous year....more
English Court of Appeal Reaffirms Privilege Over Internal Investigation Documents Prepared in Contemplation of Litigation -
In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for...more