The Upper Tribunal (Tax and Chancery Chamber) (the “Tribunal“) has upheld an application by Bluecrest Capital Management (UK) LLP (“Bluecrest“), an investment manager, to summarily strike out a...
Author - Duncan Scott
Duncan Scott
BoE publishes policy statement on model risk management principles for banks
The Prudential Regulation Authority (PRA) has published a policy statement on its model risk management principles for banks (the Principles) following an earlier consultation paper (CP6/22) on the same subject. The PRA...
HSBC breaches retail banking order
The Competition and Markets Authority (“CMA“) has written to HSBK UK Bank Plc concerning its breaches of Part 2 of the Retail Banking Market Investigation Order 2017 (the “Order“). Part 2 of the...
Treasury publishes AML and CFT supervision report
HM Treasury has published its “Anti-money laundering and countering the financing of terrorism: Supervision Report 2020-22“. The report addresses the performance of anti-money laundering (“AML“)...
Government raises POCA ‘exemption’ threshold
The Government has published the Proceeds of Crime (Money Laundering) (Threshold Amount) Order 2022 and an accompanying explanatory memorandum. The Order will amend section 339A of the Proceeds of Crime Act 2002...
BoE publishes December 2022 Financial Stability Report
The Bank of England’s Financial Policy Committee (FPC) has published its December 2022 Financial Stability Report setting out its view on the stability of the UK financial system and what it is doing to remove or...
PRA speaks on implementation of Basel 3.1
Phil Evans of the PRA has given a speech at UK Finance entitled “Implementing Basel 3.1 in the UK” providing an overview of the approach in PRA’s consultation paper CP 16/22. In it he notes the momentousness...
EBA consults on guidelines to address de-risking
EBA has opened a consultation on two new sets of guidelines which look to address the effective management of money laundering and terrorist financing risks when providing access to financial services. The aim of the...
Treasury and BoE consult on Basel 3.1 implementation
Both HM Treasury and the BoE/PRA have published consultation papers on the implementation of the Basel 3.1 standards. These are expected to be the final elements of the Basel reforms to be implemented following the 2008...
PRA confirms decision to freeze O-SII buffer rates
PRA has issued a statement confirming its decision to maintain firms’ Other Systemically Important Institutions (O-SII) buffer rates for 2022. This means that the O-SII buffer rates will thus be maintained at 2019...
PRA amends approach to identifying O-SIIs
PRA has published a policy statement setting out amendments it will be making to its approach to identifying other systemically important institutions (O-SIIs). The statement also contains PRA’s feedback to the...
FCA to develop Code of Conduct for ESG data and ratings providers
FCA has announced that it will be setting up a group to develop a voluntary Code of Conduct for Environmental Social and Governance (“ESG“) data and ratings providers. This decision has arisen out of...
Claimant permitted to apply for judicial review of FOS ‘fairness’ decision
The High Court have granted a Claimant permission to make an application for judicial review in respect of a decision of the Financial Ombudsman Service (FOS) against the Claimant in respect of the provision of credit...
PSR issues direction expanding ‘confirmation of payee’
The Payment Services Regulator (PSR) has issued ‘Specific Direction 17: Expanding Confirmation of Payee‘ (CoP) which is intended to ensure that more of those who make use of CHAPS or Faster Payments benefit...
PSR publishes response to Digital Payments Initiative report
The Payment Services Regulator (PSR) has published its response to the PSR Panel’s Digital Payments Initiative report. In response to last year’s Access to Cash Working Group’s recommendations, Dr Ruth Wandhöfer...
European Parliament proposes new online credit suitability rules
MEPs have proposed legislation designed to protect consumers online from credit card debt, overdrafts and loans that are unsuitable for their financial situation. The proposed new rules would require that: consumers are...
ESMA announces consultation on MiFID II product governance guidelines
ESMA has announced a consultation on reviewed MiFID II product governance guidelines following the outcome of its 2021 common supervisory action (CSA) on the same theme. The results of the CSA revealed that: firms...
FCA consults on improvements to equity secondary markets
FCA has published a consultation paper outlining its proposals to improve the functioning of UK equity secondary markets. The changes form part of the Wholesale Markets Review and would be designed to: improve the...
Government commits to Consumer Credit Act reform
The Government has announced its commitment to seeking reform of the rules contained in the Consumer Credit Act 1974 (the CCA) in an effort to modernise them, cut costs for business and ensure the rules are easier for...
Council adopts new rules on EU regulation of consumer credit
The Council has published its agreed position on the revision of the Consumer Credit Directive (Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and...
EU Commission consults public on impact of PSD2 and open finance
The Commission has launched a public consultation seeking views on the impact that the Second Payment Services Directive (PSD2) has had on: innovation and competition in the market for payment services; the way in which...
PRA outlines progress on its ‘Operational Resilience Roadmap’
David Bailey, PRA’s Executive Director responsible for Deposit Takers Supervision, has given a speech at the UK Finance Webinar “Operational Resilience and Beyond”. In his introduction, Mr Bailey noted...
FCA speaks on credit regulation in tough times
Brian Corr, Interim Director of Retail Lending at FCA delivered a speech on 23 March 2022 to the Credit Summit addressing the impact credit will have on consumers as the economic situation continues to deteriorate and...
High Court rules on application of CCA ‘business purpose’ exemption to multi-borrower loans
In Campbell v Tyrrell & Ors [2022] EWHC 423 (Ch), the high court considered the application of the ‘business purpose’ exemption in s.16B(1) of the Consumer Credit Act 1974 (the “CCA“) to a...
Latest Financial Services Act 2021 Commencement Regulations Published
Treasury has published the latest commencement regulations bringing into force provisions of the Financial Services Act 2021. In particular, the The Financial Services Act 2021 (Commencement No. 4) Regulations 2022...
BoE publishes “Productive Finance” statement
The Bank of England (BoE) has published a statement on the progress of the Working Group on Productive Finance (the Working Group) which was set up in November 2020 by BoE, HM Treasury and FCA. The statement provides a...
FCA gives speech on its ‘outcomes focused transformation’
Charles Randell, Chair of FCA and PSR, has given a speech to the Building Societies Association outlining FCA’s continued shift towards ‘outcomes focused’ regulation. The speech traces the origins of...
UK sanctions and AML regulations extended to the Isle of Man and overseas territories
The UK government has published the Global Anti-Corruption Sanctions (Isle of Man) Order 2021 and the Global Anti-Corruption Sanctions (Overseas Territories) Order 2021 which came into effect on 29 April 2021. The Order...
FCA publishes Digital Sandbox pilot evaluation
FCA has published an evaluation report of the Digital Sandbox pilot. The report sets out the findings of the pilot, including how it accelerated the development of innovative products and solutions within financial...
FCA speaks on compliance and culture
Mark Steward, FCA’s Executive Director of Enforcement and Market Oversight, has delivered a speech at NYU Law School entitled “Compliance, Culture and Evolving Regulatory Expectations“. In it, he...
House of Lords publishes financial exclusion report
The House of Lords Liaison Committee has published its third follow-up report, “Tackling Financial Exclusion: A country that works for everyone? Follow-up report.” The report analyses the progress made by...
FCA speaks to FLA on post-Covid regulation
Charles Randell, Chair of FCA and PSR has given a speech to the Finance & Leasing Association in which he outlined the ways in which the financial services sector has changed post-Covid and how FCA must adapt to...
PSR consults on Brexit changes to IFR guidance
PSR has opened a consultation into changes to its guidance on the Interchange Fee Regulation (IFR) as a result of Brexit and changes to the regulatory framework. Following Brexit, the IFR is now retained EU law, which...
CMA publishes annual concurrency report
CMA has published its 2020/21 annual concurrency report outlining how CMA has worked alongside other regulators, including FCA, to enforce competition law across a range of industry sectors. Highlights from the report...
Commission adopts sustainable finance measures
The European Commission has adopted a package of measures to help improve the flow of money towards sustainable activities across the EU. The package includes: the EU Taxonomy Climate Delegated Act which aims to support...
Commission seeks views on retail investment strategy roadmap
The European Commission has published the proposed ‘Roadmap‘ for its retail investment strategy. The strategy, which forms part of the Commissions September 2020 Capital Markets Union Action Plan, aims to...
FCA consults on 2021/22 fees and levies
FCA has opened a consultation on the following for the next financial year (2021/22): its periodic fees rates; further FCA fees policy proposals; the Financial Ombudsman Service general levy; the Money and Pensions...
PRA publishes year-end 2019 Solvency II disclosures
PRA has published supervisory disclosures as required by its obligations under Article 31(2) of the Solvency II Directive for year-end 2019. These disclosures include: aggregate statistical data on key aspects of the...
PRA issues Mortgage Guarantee Scheme statement
PRA has issued a statement on the prudential treatment of residential mortgage loans made under the government’s new Mortgage Guarantee Scheme (MGS). Under the MGS the government guarantees a portion of the first...
FCA publishes statement on approach to Connaught complaints
FCA has published a statement confirming the broad approach it intends to take to complaints made to it in relation The Connaught Income Fund Series 1 and connected companies. The majority of complaints received from...
FCA publishes statement on approach to LCF complaints
FCA has published a statement confirming the broad approach it intends to take to complaints made specifically to it in relation to London Capital & Finance (LCF). This approach will reflect what FCA considers...
BoE and Treasury announce creation of Central Bank Digital Currency Taskforce
The Bank of England (BoE) has announced, jointly with HM Treasury, the creation of a Central Bank Digital Currency (CBDC) Taskforce to coordinate the exploration of a potential UK CBDC. The BoE has also published the...
European Commission performs ‘mini-sweep’ on consumer credit
The European Commission has published details of a ‘mini-sweep’ on websites advertising and selling consumer credit products in 13 EU member states and 2 EEA countries. The Commission’s main objective...
FCA and PRA issue statement on FSB UK remuneration peer review
FCA and PRA have issued a joint statement on the findings from the FSB’s peer assessment of the effectiveness of remuneration reforms in the financial sector. FCA has also updated a webpage to highlight the...
FCA issues reminder to consumer credit firms about post-Brexit disclosure changes
FCA has issued a statement and published an updated webpage to remind firms subject to regulations 8, 10 and 11 of the Disclosure Regulations 2010 and the corresponding rules in the FCA Handbook of the changes they will...
BCBS publishes operational resilience Principles
The Basel Committee on Bank Supervision (“BCBS“) has published a report setting out its “Principles for Operational Resilience”. In the report, BCBS notes that the Covid-19 pandemic has...
FOS publishes 2021/22 plans and budget
FOS has published its plans and budget for 2021/22 which were consulted on between December 2019 and January 2020. FOS has forecast a reduced caseload in 2021/22 following the unprecedented increase during 2020...
European Commission consults on instant payments
The European Commission has issued a consultation paper seeking the views of consumers, corporate users and payment service providers (PSPs) on the use of instant payment transfers. The objective of the consultation is...
PSR provisionally identifies pre-paid card cartel
PSR has announced that it has issued a Statement of Objections that alleges that Mastercard, allpay, APS, PFS and Sulion engaged in anti-competitive behaviour by agreeing not to compete or poach each other’s clients...
ESMA fines Moody’s for conflict of interest breaches
ESMA has fined five entities in the Moody’s Group, based in France, Germany, Italy, Spain and the UK, a collective total of €3,703,000 and issued public notices for breaches of the Credit Ratings Agencies Regulation...
FCA and PRA publish operational resilience materials
FCA and PRA have each published a number of documents addressed to firms across a range of sectors on the subject of operational resilience. FCA and PRA have each issued policy statements (PS21/3 and PS6/21) which...
PRA issues policy statement entitled “Depositor protection: Identity verification”
The PRA has issued a policy statement entitled “Depositor protection: Identity verification” which provides feedback to consultation paper (CP) 3/21 on the same subject. The final policy set out in the...
CMA publishes annual plan for 2021/2022
Following consultation, the CMA has now published its annual plan for 2021-2022. The CMA has identified four key themes on which it intends to concentrate: protecting consumers and driving recovery during and after the...
European Parliament reports on Digital Finance Package legislation
The European Parliament’s Committee on Economic and Monetary Affairs has published a draft report setting out proposed changes to a range of existing legislation to ensure alignment with the regulation on digital...
IRSG publishes report promoting global regulatory coherence
The International Regulatory Strategy Group (“IRSG“) published a report entitled “Global Solutions to Global Problems”. The report aims to promote regulatory coherence in financial services to...
FCA gives speech on diversity and inclusion
Georgina Philippou, Senior Adviser to FCA on the Public Sector Equality Duty gave a speech at the launch of a report by the Investment Associate and Eversheds entitled “Building Ethnic Diversity and Inclusion in...
Complaints Commissioner criticises FCA internal communications
The Financial Services Complaints Commissioner has published a final report in respect of a complaint raised against FCA for failing to keep a complainant informed as to the progress of its investigation into the firm...
Government provides update on Australia free trade negotiations
The Department for International Trade published a press release with an update on the ongoing negotiation of a free trade agreement between the UK and Australia. The fourth round of talks took place between 22 February...
European Parliament issues draft report on proposed markets in crypto-assets regulation
The European Parliament’s Committee on Economic and Monetary Affairs has issued a draft report containing suggested amendments to the text of a regulation on markets in crypto-assets and amending Directive (EU)...
CMA consults on future oversight of open banking
The CMA has published a consultation paper seeking views on what arrangements it would be appropriate to put in place to ensure the effective oversight and governance of open banking following the implementation of the...
FCA increases contactless payment thresholds
FCA has published a policy statement outlining the amendments to Article 11 of the strong customer authentication RTS. The changes increase the single transaction threshold for contactless payments from £45 to £100 and...
FCA publishes funeral plan consultation paper
The FCA has published a consultation paper on its proposed approach to the regulation of pre-paid funeral plans. Such plans are due to become fully subject to FCA regulation from 29 July 2022. The majority of the...