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Articles by Amy Earlam
Concerns raised over FCA’s new approach to enforcement
On 8 March 2024, we published an article highlighting key issues coming out of the FCA’s proposed new approach to enforcement (as set out in the FCA’s consultation paper CP24/2).
Court of Appeal considers Etridge in relation to hybrid mortgage advances
The Court of Appeal decision in Waller-Edwards -v- OneSavings Bank Plc [1] has provided welcome clarity on the application of Royal Bank of Scotland -v- Etridge [2] (Etridge) to ‘hybrid’ cases (where part of the mortgage advance to joint borrowers is used to repay one of the borrower’s debts).
Consumer Duty: Guidance and implementation for closed products
In November 2023, the FCA’s Director of Cross Cutting Policy said that the Consumer Duty was “not a once and done exercise”. The FCA have highlighted several examples of how they are using the Duty on their website. As focus shifts to the implementation of the Duty in respect of closed book products the FCA has undertaken a review of implementation to date.
A New Approach - The FCA Enforcement Guide - Data Protection - UK
The Financial Conduct Authority (FCA) has published consultation paper CP24/2 setting out its new streamlined and simplified Enforcement Guide. The FCA is adopting a new approach whereby it is likely to publicise the opening of enforcement investigations, including the identity of the subject of the investigation, the industry sector and regulatory or legal provisions to which the investigation relates, and a summary of the suspected breach, failing or other misconduct being investigated.
A new approach - the FCA Enforcement Guide
The Financial Conduct Authority (FCA) has published consultation paper CP24/2 setting out its new streamlined and simplified Enforcement Guide. The FCA is adopting a new approach whereby it is likely to publicise the opening of enforcement investigations, including the identity of the subject of the investigation, the industry sector and regulatory or legal provisions to which the investigation relates, and a summary of the suspected breach, failing or other misconduct being investigated.
Concerns raised over FCA's new approach to enforcement
On 8 March 2024, we published an article highlighting key issues coming out of the FCA’s proposed new approach to enforcement (as set out in the FCA’s consultation paper CP24/2).
Hope For The Best, Plan For The Worst: The PRA's Consultation Paper On Solvent Exit Plans
The PRA has published Consultation Paper CP10/23 setting out its proposals for UK non-systemic banks and building societies to plan for "an orderly 'solvent exit'" as part of their business-as-usual Recovery Planning activities. A "solvent exit" means that where a firm exits the market and ceases PRA-regulated activity, it is able to do so whilst remaining solvent and able to transfer or repay all deposits to its customers.
Hope for the best, plan for the worst: Exploring the PRA's consultation on solvent exit plans
The PRA has published Consultation Paper CP10/23 setting out its proposals for UK non-systemic banks and building societies to plan for “an orderly ‘solvent exit’” as part of their business-as-usual Recovery Planning activities. A “solvent exit” means that where a firm exits the market and ceases PRA-regulated activity, it is able to do so whilst remaining solvent and able to transfer or repay all deposits to its customers.
Disputes Digest A Financial Services Litigation Update
Disputes Digest A Financial Services Litigation Update Spring 2022 Contents Case Updates. 1 FCA. 5 Bank of England Financial Policy Committee. 6 Financial Ombudsman Service. 6 Russian invasion of Ukraine. 7 Economic Crime Bill 7 Covid-19 News. 7 Horizon scanning. 7 Other TLT Articles. 9 This edition discusses vulnerable litigants, when a solicitor has an equitable lien, and for what purposes a draft judgment can be used.
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