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Trust Financial Planning enters liquidation

Trust Financial Planning Ltd has entered into creditors’ voluntary liquidation. Paul Stanley and Dean Watson of Begbies Traynor were appointed joint liquidators of the firm on 7 August 2025. In March 2025, the...

FCA publishes latest whistleblowing data

The FCA has published whistleblowing data for Q2 2025.� It received 315 new reports during the quarter, an increase on the last quarter. Around half of the reports came in through online reporting, with most of the rest via email. 32% of reporters wanted to stay anonymous.
The 315 reports contained 1,130 allegations, with over 100 allegations relating to compliance, fitness and propriety and culture, and nearly 100 to the Consumer Duty.
The FCA closed 350 reports, taking significant action to manage harm in relation to 8 of them and other action to reduce harm in relation to almost half.

FOS consults on case fee restructuring

The FOS is consulting on changing the way it charges its case fees, so that firms pay less for complaints that are resolved at an early stage of the investigation process. Currently firms pay £650 for each case the FOS...

FCA blogs on leveraging the non-bank sector

Sarah Pritchard of the FCA has published a blog of her thoughts on use of leverage by non-bank financial institutions. She notes it is critical to the UK economy that these NBFIs are resilient and financially stable...

Appointed Reps regime to stay

The Government has decided, years after its predecessor sought views on the issue, that the Appointed Representatives regime should stay in place in its current format. However, it does recognise that poor oversight...

FCA creates wholesale banks webpage

The FCA has created a new page on its website to bring together the results of its various workstreams involving wholesale banks. The page contains the output from its reviews on: conflicts of interest in share buybacks...

FCA updates Enforcement Information Guide

The FCA has updated its Enforcement Information Guide, which sets out its regulatory enforcement process and powers. The document builds on more detailed information provided in DEPP and the Enforcement Guide (ENFG)...

FOS publishes complaints data for Q1 2025/26

FOS has published its complaints data for Q1 2025/26. Key statistics include: 68,000 complaints processed within the first 3 months of the financial year, with lower levels of complaints about everyday financial...

FCA warns CMCs on motor finance promotions

The FCA has formally warned CMCs that they must ensure any financial promotions they put out about motor finance claims are Consumer Duty compliant. It has had increasing interaction with CMC firms and, between 1...

FCA enables retail access to crypto ETNs

The FCA has announced that firms will – as of 8 October 2025 – be able to give retail customers access to crypto exchange traded notes (cETNS). cETNS for retail customers must be traded on an FCA-approved...

FCA publishes latest Handbook Notice

The FCA has published its latest Handbook Notice (No 132), which includes amendments relating to: new rules to better capture non-financial misconduct in non-banks; the Public Offers and Admissions to Trading...

FCA to consult on motor finance redress scheme

In the light of the Supreme Court judgment of 1 August, the FCA has confirmed it will consult on a redress scheme. It says it is clear that there have been breaches of the law and its rules where motor finance firms did...

Motor finance commission: Supreme Court allows lender appeals

The Supreme Court has delivered its long-awaited judgment on motor finance commissions, and has allowed lender appeals on 2 of the 3 matters under appeal. It upheld only the CCA unfair relationship claim.�This post has been drafted on the basis of Lord Reed’s speech. We will publish updated and more detailed articles in the light of the published judgment.
Delivering the judgment, Lord Reed described the nature of the relationships involved. He focussed on how the car dealer is dependent on the finance being agreed in order to sell a car. He spoke of various actions the dealer could take if, for instance, the lender would not advance enough credit or the monthly payments would be too much for the customer to pay. The key, he said, is that the dealer has a commercial interest in the negotiations over the finance package, which will continue until the package is entered into.
He moved on to discuss how the consumer does not deal directly with the finance company, although the loan agreement is directly between the consumer and the finance company. The motor dealer will make all the arrangements. It does not act as agent of the customer, is not remunerated by the customer and does not give the customer any reassurance that it is putting its commercial interests aside – and it could not do that! The Supreme Court noted that FCA rules require the dealer to disclose that commission is receivable if it could affect the dealer’s impartiality or have a material impact on the customer’s decision, but that nothing in the regulatory regime requires lender or dealers to disclose the existence or amount of any commission payment or to get the customer’s consent.
The customers seeking to recover from the lenders the commission that had been paid to the brokers all contended that:

the finance companies committed the common law tort of bribery by paying commission to the dealers
the dealers owed the customers a fiduciary duty and as such could not have any personal interest in the conclusion of the transaction and if that is so, acceptance of the commission was a breach of this, and the lenders had dishonestly assisted in the breach by paying the commission

Mr Johnson additionally claimed the relationship was unfair under the CCA.
The Supreme Court, noting that the Court of Appeal’s stance had shocked the lenders and the FCA, stated:

the payment of commission was not a bribe. The car dealers clearly and properly had an interest in the finance being arranged, and clearly wanted to sell the vehicles at a profit, and so clearly owed no duty to the customers. Each of the 3 parties (lender, dealer, customer) was engaged at arm’s length pursuing their own interests, and no-one could think otherwise;
for the same reason, no-one could think the dealer was acting as a fiduciary because it was at all times pursuing its commercial interests. The Supreme Court said that the distinguishing obligation of a fiduciary is often described as a “duty of single-minded loyalty to the person for whom they act”;
the Court of Appeal had failed to understand that the dealer had its own interests and mistakenly thought the dealer was acting in the interests of the customer once the customer had chosen the car. It was also wrong to take the approach that because the customer trusted the dealer and may have been vulnerable this meant that the dealer was acting as fiduciary.

So the Court of Appeal was wrong on the first two issues. On the unfair relationships issue, the Supreme Court said that the fact there may have been no or only partial disclosure of commission did not of itself make a relationship unfair. There are many factors to consider. Here, a major factor was that the commission was 55% of the total charge for credit, and that large figure is a good indication of unfairness.� Additionally here the documentation was misleading in that they did not disclose that the dealer and lender had an agreement that gave the lender first refusal – in fact it gave the impression that the dealer would go to a panel of lenders to get the best price for the loan. The fact that Mr Johnson did not read any of the documents he was given was not a persuasive factor against a decision of unfairness, given that the information in question was well hidden – even though, had Mr Johnson read it, it could have led him to discover the amount of the commission. The Supreme Court said the lender should pay to Mr Johnson the amount of commission plus a commercial rate of interest, and that because what the Court of Appeal had said was full of mistakes, the lender’s appeal had to be allowed so as to substitute an order in Mr Johnson’s favour on different terms to the Court of Appeal’s.
The Supreme Court also explained that it had refused the Treasury’s application to intervene since the Treasury wanted to discuss the economic impact of any decision, which is not within the Court’s interest.
 

NECC annual report

The National Economic Crime Centre‘s annual report for 2024-5 highlights work done : to combat fraud, including working with international partners; to fight illicit finance, including with significantly enhanced...

FOS publishes 2024/25 ADR report

The FOS has published its report on complaints it received in the year to 8 July 2025, It notes the figures don�t include complaints brought by businesses but may include some brought by charities and trustees.
Key stats include:

285,640 complaints from UK consumers (up from around 175,000 last year) and 7,515 from non-UK residents;
complaints relating to 285,279 businesses in the UK(up from around 175,000 last year) and nearly 7,900 outside the UK;
of the total complaints, nearly 237,499 were about banking and nearly 43,000 about insurance;
538 (or 0.18%) complaints were dismissed, for various reasons, including:

over half of them because the FOS considered that dealing with it would seriously impair its effective operation; and
20% because the complaint subject matter had already been subject to court proceedings where there had been a decision on its merits; and

average resolution time of 61 days (up from 42).

FCA starts action over unauthorised CIS

The FCA has started action in the High Court against Concept Capital Group and another 6 individuals and 2 companies it alleges were involved in an unauthorised collective investment scheme which invested in static homes and took more than �23m in consumer investments. The FCA says CCG operated the unauthorised CIS without authorisation and exemption, made financial promotions that were not approved and also made false or misleading claims about the investments – which promised investors fixed returns and said they were Government backed.� The other companies and individuals were knowingly concerned in the breaches.

FCA finalises ban following Court of Appeal support

The FCA has finalised its decision to ban Markos Markou from financial services and fine him �10,000, following the Court of Appeal supporting the FCA’s position in December 2024, and the Supreme Court rejecting his application for permission to appeal further. The Upper Tribunal had asked the FCA to reconsider the ban and said it should not impose a fine, but the FCA believed that decision to be “incorrect and irrational” and referred it to the Court of Appeal which, while not wholly reversing the Tribunal’s findings, found the ban was the correct decision, but considered the appropriate amount of fine to be �10,000 rather than the �25,000 proposed by the FCA.

FCA appoints interim FOS chair

The FCA has appointed Liam Coleman as the interim chair of the FOS. His role will begin on 10 October 2025. Coleman has extensive financial services experience, including at the Co-Operative Bank, RBS and Nationwide...

PRA issues first reinsurer fine

The PRA has fined Barents Reinsurance S.A., London Branch, £1.79m for controls, governance and reporting failures. The fine is the first that the PRA has taken against a firm operating solely as a reinsurer. Barents is...

Former deputy CEO banned for misleading FCA

Jean-Noel Alba, former deputy CEO of asset manager H2O AM has been fined �1m and banned from the financial services industry for deliberately misleading the FCA.
The firm had failed to carry out proper due diligence on investments between 2015 and 2019. During the FCA’s investigation, Mr Alba provided false and misleading statements and documentation. He also asked junior colleagues to create minutes where formal meetings had occurred, and provided due diligence materials, including investment research, which he claimed were produced at the time, but had in fact been created years after the investments were made.

Employment cases update – July 2025

Our case law update this month includes Hendy Group Ltd v Kennedy, which dealt with an unfair dismissal where the employer had failed to look for suitable alternative employment for an employee in a redundancy situation...

PRA confirms plans for faster ISPVs

The PRA has published its final policy on introducing a new accelerated pathway for UK ISPV applications in respect of some types of catastrophe bonds which will mean that applications meeting set conditions can be...

FCA announces more firm failures

The FCA has announced that two more firms have failed: Argentex LLP, authorised to provide e-money and payment services and also wealth management, went into special administration under the Payment and EMI Insolvency...

Supreme Court quashes IBOR convictions

The SFO will not be seeking a retrial of 2 individuals it had started to investigate 13 years ago and who have now had their convictions quashed by the Supreme Court. The 2 traders had been accused of conspiring with...

Treasury consults on OFSI enforcement

HM Treasury is consulting on enhancing the effectiveness of the OFSI enforcement process. It is proposing: changes to the public case assessment guidance; discounts for voluntary disclosure and cooperation; a settlement...

FCA makes first set of mortgage reform rules

Following its short consultation, the FCA has finalised the package of measures that will achieve the first stage of the planned mortgage reforms. The changes address primarily remortgaging and will make it easier for...

POCA threshold amount increase

The threshold amounts under which banks and payment firms can carry out transactions where they suspect money laundering without needing a defence under POCA has been increased from £1,000 to £3,000 with effect from 31...

FCA and ICO set out thoughts on Open Finance and Smart Data

The Digital Regulation Cooperation Forum has published the joint views of the FCA and the ICO on the technologies that are shaping Open Finance and the regulatory questions stemming from its development. APIs are likely to remain key to Open Finance and Smart Data as they facilitate real time, secure and trusted data exchange. So common standards and strong interoperability across sectors and providers will be essential. Another key driver could be AI which has the potential to carry out many key chores including automating data cleaning and preparation, enhance fraud detection, assess creditworthiness, deliver advice and recommendations and help consumers to open accounts and switch products.� However, with that comes risks, not least addressing questions around automated decision-making, transparency and explainability.
There is also the potential for DLT and smart contracts to play a role, which could, for example, automate administrative tasks, improve data integrity and security and track the flow of data for easier auditing. But, again, there are risks, such as it being potentially difficult to revoke access to or correct data, and it may be unclear who is responsible if things go wrong.
More generally, the key regulatory issues are:

balancing evolution of technology with fostering trust in new products and services and delivering good outcomes for consumers;
organisations ensuring they consider which lawful basis for processing data is most appropriate to enable the required data sharing;
what effective data minimisation would look like;
achieving transparency and consumer understanding when AI is used;
the role of regulators; and
embedding trust.

PRA updates on DyGIST

The PRA has confirmed that the 2026 Dynamic General Insurance Stress Test (DyGIST) will commence in May 2026. The PRA has set out the insurers it will invite to participate in the test, who together make up more than...

HM Treasury sets out improvements to MLRs

HM Treasury has reviewed the responses to its consultation on improvement the effectiveness of the MLRs, and has published a response setting out key areas where it intends to make changes. The consultation covered four...

PRA updates on large exposures changes

The PRA has published its policy statement on some changes to its Large Exposures Part of the Rulebook. The changes relate to: exposures arising from mortgage lending; exempting exposures to the UK deposit guarantee...

FCA fines for financial crime failings

The FCA has levied another fine on a bank for financial crime risk management failings. This fine was on Barclays Bank UK PLC and Barclays Bank PLC and related to 2 clients: in one case, failure to check that the bank...

Mansion House speech supports Leeds Reforms

The Chancellor’s Mansion House speech, delivered in the evening of 15 July, highlighted many of the Leeds reforms, and set out the Chancellor’s key priorities. She highlighted: for capital raising, recent changes to the...

FCA confirms cuts in costs of capital raising

The FCA has confirmed its proposals to make it cheaper for companies to raise money. The confirmed changes include:

in most cases, companies will not have to publish a prospectus when raising further capital (the threshold is raised to 75% of existing share capital, from the current 20%);
IPOs that include the wider public can come to market 3 days after the prospectus is published (currently 6 days);
a single disclosure standard for corporate bond prospectuses; and
new platforms for public offers run by authorised firms to make it easier for companies to make offers of shares or bonds above �5m without a lengthy prospectus – essentially crowdfunding platforms but for larger deals.

Generally the changes will take effect on 19 January 2026.

UK Green Taxonomy not happening

The government has assessed the responses to its consultation on developing a UK Green Taxonomy and has concluded that it is not the best way to deliver the green transition and should not be part of the UK’s...

BNPL regulatory changes made

The legislation making changes to Buy-Now-Pay-Later regulation have now been made and take effect on 15 July for the purpose of allowing the FCA to make its rules. This means the new regulated activities take effect on...

Government announces “Leeds reforms”

After the Edinburgh reforms, we now have the Leeds reforms! The Government has announced an ambitious package of measures to attract inward investment into the UK and financial services businesses. Rachel Reeves announced the UK’s first Financial Services Growth and Competitiveness sector plan. The plans include:

giving consumers support to invest;
create good skilled jobs;
encouraging banks to offer investment opportunities to people with cash in low-interest accounts;
encouraging the industry to highlight to consumers the opportunity to invest when they can – the Government says that, based on current trends, if consumers move �2,000 from low interest accounts into stocks and shares, they could be over �9,000 better off in 20 years’ time;
the BoE will allow more lending at over 4.5 times a buyer’s income and simplified FCA Rules, if adopted, will make remortgaging easier. The changes will also allow the Nationwide to make its “Helping Hands” scheme available to lower income borrowers – now the thresholds are �30,000 for solo and �50,000 for joint applicants (�5,000 lower than previously);
there will be a new government-backed Mortgage Guarantee Scheme to ensure high loan-to-value mortgages are available in times of economic uncertainty;
FOS will need to align its decisions more closely with FCA rules;
the SMCR will be radically streamlined;
the FCA is to review how the Consumer Duty affects and applies to wholesale firms;
the MREL threshold will be raised to �25-49bn;
the Basel 3.1 rules will come in from January 2027;
reform of the ring-fencing regime;
a major FPC review of bank capital requirements;
providing bespoke support to fintechs;
greater financial capacity for the British Business Bank; and
progressing the Berne Financial Services Agreement, so that it is fully implemented by the end of the year.

See our separate posts on some of these initiatives!

FCA publishes Open Finance Sprint report

The FCA has published a report setting out the outcomes of the Open Finance Sprint it held in March 2025. The sprint aimed on practical data-sharing use cases for supporting four opportunity areas: financial wellbeing;...

PSR publishes annual report

The PSR annual report focuses on:

that 99% of FPS transactions are now within Confirmation of Payee;
the APP fraud reimbursement reforms;
driving forward open banking; and
reaching milestones on card fee reviews.

FCA annual report highlights key stats

The FCA’s annual report highlights its work in several areas, including: to tackle financial crime and unauthorised financial services, it suspended, removed or blocked over 1,600 websites in 2024 – also working with...

FCA to review client categorisation rules

The FCA says it is planning to consult on reform of the investment client categorisation rules to allow firms to act more proportionately when dealing with wealthy or sophisticated investors. The paper, on reform of the...

Treasury updates AML advisory

HM Treasury has updated its AML advisory notice in respect of high risk third countries, following the latest FATF meeting. The changes to the list took effect from the date FATF published it.

BoE sets out thematic findings from 2024 Cyber Stress Test

The BoE has published a report setting out its thematic findings from the 2024 Cyber Stress Test, a voluntary exercise which involved providers and users of wholesale services to model the impact of a suspected cyber attack affecting transaction settlement.
The stress test used three variations of the scenario: a suspected cyber attack; a confirmed cyber attack; and a longer cyber attack.
Key findings included:

Financial stability decisions�– while participants had mature scenario modelling and response capabilities, they lacked a comprehensive understanding of the FPC’s Impact Tolerance and how potential impacts could lead to financial instability.��Firms are encouraged to consider actions to protect financial stability and manage systemic risk from operational disruptions;
Financial stability mitigation

Operational mitigation – some participants had not tested all available workarounds for processing payments, highlighting the need for firms to collaborate with FMIs to ensure awareness and adoption of mitigation options;
Confidence mitigation – participants demonstrated good understanding of the Sector Response Framework (SRF) processes.��However, further work is needed to improve awareness of operational resilience contingency procedures among customer relationship managers and incident responders;
Financial mitigation -while capital is a fungible mitigant to losses, it does not mitigate operational disruption impacts. Service providers needed a better understanding of customer firms’ funding positions to meet liquidity needs during longer incidents;

Disconnection and reconnection – firms’ decisions about disconnecting from critical systems affect their ability to mitigate financial stability impacts.��It is important for firms to understand disconnection and reconnection options, align them with risk appetites, and reflect potential financial stability impacts in their playbooks.��The Cross Market Operational Resilience Group (CMORG) is working on defining best practice reconnection processes.

Regulators increase mortgage lending threshold

The PRA has amended its Rulebook and the FCA has amended its Guidance on the de minimis threshold for the Loan to Income flow limit in mortgage lending. The Financial Policy Committee had recommended increasing the...

FCA updates PEP guidance

The FCA has published its updated finalised guidance on the treatment of PEPs for AML purposes. The update follows its 2024 consultation, which noted that the old 2017 guidance was still basically suitable, but...