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All change: Reform of the UK Financial Ombudsman Service and the redress system

Following consultations published last year by His Majesty's Treasury (“HMT”), and also by the Financial Conduct Authority (“FCA”) and the Financial Ombudsman Service (“FOS”) jointly, we now have some clarity as to how the...more

UK FCA takes first court action against crypto exchange for illegal financial promotions

The UK Financial Conduct Authority (“FCA”) has announced that it has begun legal proceedings in the English courts against global crypto exchange HTX (formerly Huobi) and persons unknown (being those individuals who operate...more

UK FCA publishes first issue of Enforcement Watch

The UK's Financial Conduct Authority (“FCA”) has published the first issue of a regular bulletin covering insights and themes from its current Enforcement work....more

ESG compliance – Current state, global trends, and outlook 2026

This publication examines the latest developments in ESG compliance, focusing on the current state, global trends, and the outlook for 2026. It discusses the recent slowdown in new EU ESG regulations, such as the revision and...more

Closing the Door on the Mackay v Dick Principle but Opening the Door to a Duty of Cooperation in English Law? - King Crude...

In the recent case of King Crude Carriers SA & Ors v Ridgebury November LLC & Ors the UK Supreme Court focuses on an esoteric point of law as to the true meaning of a case called Mackay v Dick, decided in 1818, in Scotland....more

“Exceptional Circumstances”: English Court Upholds the FCA’s Decision to Announce an Investigation Into a Named Firm

In a recent judgment, the English Administrative Court considered the lawfulness of a decision by the Financial Conduct Authority (“FCA”) to publicly announce a regulatory investigation into a firm, including naming the firm....more

UK FCA Finds Gaps in Financial Crime Controls in Corporate Finance Firms

Corporate finance firms (“CFFs”) are vital to the growth and success of the UK economy. They help businesses raise money by connecting them with investors or lenders. The nature of their business means that it is essential...more

PEP talk: The UK FCA issues final guidance on the treatment of politically exposed persons

The Financial Conduct Authority (“the FCA”) has published final guidance on the treatment of politically exposed persons (PEPs) for anti-money laundering purposes, which updates its Guidance issued in 2017 (“the 2017...more

English High Court decides that a letter of comfort creates legal relations

A version of this article first appeared in Butterworths Journal of International Banking and Financial Law in June 2025. In the case of IDBI Bank Limited v Axcel Sunshine Limited & Ors the English High Court held that,...more

English Supreme Court holds that the Etridge protocol applies to hybrid loan transactions

Lenders in the retail market will be familiar with the Etridge protocol, which (in summary) requires them to ensure that the guarantor of a loan must first obtain independent legal advice, in order to minimise the risk that...more

UK Financial Conduct Authority publishes its revised Enforcement Guide

The UK’s Financial Conduct Authority (FCA) has published Policy Statement PS25/5, Our Enforcement Guide and greater transparency of our enforcement investigations, setting out the changes it is making to its Enforcement Guide...more

UK: A remedy of last resort: High Court orders winding up of company on just and equitable ground

In the recent case of Dosanjh v Balendran, the High Court granted an order for the winding up of a company on the just and equitable ground following a petition by one of the company’s two shareholders. Winding up has been...more

UK: A new litigation risk for PSPs? Quincecare claim brought by derivative action is successful

Ever since the Supreme Court held, in Philipp v Barclays Bank plc1(Philipp), that claims based on the Quincecare duty against the payment services provider (PSP) which paid the funds away were not open to victims of...more

UK payment services: final rules limiting rights for PSPs to exit customer relationships laid before Parliament

While recent announcements have focussed on the government’s growth agenda, HM Treasury (HMT) has also now pressed ahead with publishing final draft regulations limiting the rights for banks and other payment service...more

UK: “Duty of retrieval” rejected: why banks do not owe a duty to recover funds lost through APP fraud

Banking fraud of all types is an ever increasing problem in today’s society, and takes a multitude of forms. On a basic level, frauds can be divided into two types. Unauthorised fraud, where the victim does not provide...more

English High Court considers material adverse effect clause in SPA: the “revelatory event”

Cases on Material Adverse Effect (“MAE”) clauses (also known as Material Adverse Change, or MAC, clauses) rarely come before the English courts, so there are limited English authorities on their construction. The High Court...more

UK FCA “naming and shaming” proposals: the House of Lords steps in.

The House of Lords Financial Services Regulation Committee (“FSRC”) has published a report on the Financial Conduct Authority’s (“FCA”) proposals to change its approach to announcing enforcement investigations, from...more

UK Public Authorities (Fraud, Error and Recovery) Bill: Banks and EMIs face detailed new information and account direct deduction...

Banks and EMIs will need to consider the impacts of proposed new requirements to comply with information notices and account direct deduction orders on their policies, procedures and controls. For information notices, this...more

UK: Part two in the FCA’s quest for transparency

Late last month the UK Financial Conduct Authority (FCA) published consultation paper CP24/2 Part 2, through which it is seeking views on “significant” changes to its proposals to announce the opening of an enforcement...more

UK: Trends in FCA enforcement activity 2023/24 and what lies ahead

This month the UK Financial Conduct Authority (FCA) published its Annual Report and Accounts covering the period April 2023 – March 2024, which includes information on its enforcement activity during that period. The FCA has...more

UK: Finfluencers beware - The FCA is closing in

The UK Financial Conduct Authority (FCA) has brought criminal charges against nine individuals in relation to an unauthorised foreign exchange trading scheme promoted on social media....more

Is the writing on the wall for the shareholder principle? Privilege update in Hong Kong

The concept of the “shareholder principle” in English law provides that a company cannot assert privilege against its own shareholders, unless the privileged documents in question were created for the dominant purpose of...more

No DAML, no trouble: Two new “pay away” exemptions under the UK Proceeds of Crime Act 2002

The Economic Crime and Corporate Transparency Act 2023 (ECCTA) introduces two new "pay away" exemptions to the principal money laundering offences in sections 327, 328 and 329 of the Proceeds of Crime Act 2002 (POCA)....more

The UK FCA’s cryptoasset financial promotions regime and the interplay with the UK AML regime

The UK Financial Conduct Authority (FCA) has reminded firms supporting and facilitating unregistered cryptoasset firms of their obligations under the Proceeds of Crime Act 2002 (POCA), specifically highlighting how they may...more

Hague Convention on Choice of Court Agreements in force for Ukraine

On 1 August 2023, Ukraine became a Contracting State to the Hague Convention on Choice of Court Agreements 2005 (the “Choice of Court Convention”), joining the EU, Mexico, Montenegro, Singapore and the UK....more

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