The recent decision by the Court of Appeal in FCA v BlueCrest Capital Management [2024] EWCA Civ 1125 reverses the Upper Tribunal’s decision in BlueCrest Capital Management (UK) LLP v FCA [2023] UKUT 00140 (TCC) (which we...more
On the 7 August 2024, the FCA issued its Final Notice to the asset manager H2O AM LLP (“H2O”), in the context of which H2O agreed to pay €250 million to investors who have been unable to access their funds since 2020. In the...more
We strongly disagree with the FCA’s proposals, set out in CP24/2, to announce that it has opened enforcement investigations into firms where it considers this to be in the public interest. We set out our objections in detail...more
As we have explored in our Class Actions series, the popularity of mass claims in the English courts continues to grow. Such claims represent a substantial threat to financial institutions but, at the same time, we are also...more
The FCA has, for many years, had an extensive range of powers available to it to require firms to undertake redress exercises. These powers have historically not been used by the FCA that frequently. Our expectation, however,...more
On 31 July 2023, following roundtable discussions held with banks earlier that month, the FCA published its Cash Savings Market Review (the “Review”).
In this insight we explore the content of the Review, as well as...more
8/4/2023
/ Consumer Financial Products ,
Consumer Protection Laws ,
Deposit Accounts ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
Hedging ,
Interest Rates ,
Price Inflation ,
Ring-Fencing ,
Savings Accounts ,
UK
On 21 June 2023, the Upper Tribunal handed down its judgment in BlueCrest Capital Management (UK) LLP v The Financial Conduct Authority [2023] UKUT 00140 (TCC). The case considers both the Upper Tribunal’s jurisdiction to...more
Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market....more
10/21/2022
/ Anti-Money Laundering ,
Bank of England ,
Climate Change ,
Economic Sanctions ,
EU ,
FDIC ,
Financial Services Industry ,
Foreign Investment ,
NY Supreme Court ,
Pending Legislation ,
Risk Mitigation ,
Russia ,
UK
On 27 July 2022, the FCA published its policy statement, PS22/9, setting out its final rules for its new Consumer Duty (“Duty”), together with accompanying non-Handbook guidance. The Duty aims to set higher standards of...more
Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market....more
9/22/2022
/ Banking Sector ,
Change in Control ,
Cryptoassets ,
Dear CEO Letter ,
Diversity and Inclusion Standards (D&I) ,
Final Rules ,
Financial Conduct Authority (FCA) ,
Payment Protection Insurance ,
Reporting Requirements ,
UK ,
UK Supreme Court ,
Unfair Contract Terms
In recent years, claimants in a number of banking litigation cases have sought to establish implied fraudulent misrepresentations as to the defendant banks’ alleged involvement in manipulating LIBOR, in an attempt to seek to...more
At the end of July 2021, the FCA published a consultation paper, CP21/25, setting out proposals to reduce the decision-making remit of its quasi-independent Regulatory Decisions Committee (“RDC”) and instead bring those...more
The FCA, on 19 July 2021, updated its webpage setting out its expectations of general insurance firms in the light of COVID-19 to clarify its expectations about travel insurance. Although the FCA had previously published...more
Yesterday the FCA published its eagerly-awaited Business Plan for 2021/22 (the “Plan”), its publication having been delayed from April due to the pandemic and it being Nikhil Rathi’s first business plan since he was appointed...more