Investigations, enforcement and discipline

Investigations, enforcement and discipline guidance:

Note: This Practice Note is of largely historical interest. In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final Report, see...

Practice Note

Note: This Practice Note is of largely historical interest. In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final Report, see...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For guidance, see: Cross...

Practice Note

What is the financial promotion restriction? Under section 21 of the Financial Services and Markets Act 2000 (FSMA 2000), a person (A) must not, in the course of...

Practice Note

Fraud—what is it? Fraud can best be described as the deliberate or intentional use of misrepresentation, deception or dishonesty to deprive, in order to make a gain or...

Practice Note

FCA approach on the supervision of financial promotion This Practice Note provides information on how the Financial Conduct Authority (FCA) ensures that financial...

Practice Note

ARCHIVED: Note: • this Practice Note provides guidance on provisions which came into force on 1 April 2013 • this Practice Note only addresses the amendments to CPR 35.4....

Practice Note

There are a number of disclosure issues that can arise when dealing with the financial services regulators. The points set out below apply equally to dealings with the...

Practice Note

The Financial Conduct Authority (FCA) has a variety of powers under the Financial Services and Markets Act 2000 (FSMA 2000). This Practice Note will discuss the FCA’s...

Practice Note

Search and seizure—the law The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) (together, the Regulators) have powers of entry, search and...

Practice Note

FCA and PRA rules on whistleblowing On 6 October 2015, the Financial Conduct Authority (FCA), alongside the Prudential Regulation Authority (PRA) published policy...

Practice Note

Note, on 7 March 2016 the Senior Managers and Certification Regime (SM&CR) replaced the Approved Persons Regime (APER) for SM&CR banking firms; and on 10 December 2018...

Practice Note

Information and document requirements Financial regulators (the regulators) (ie the Financial Conduct Authority (FCA) (previously the Financial Services Authority (FSA))...

Practice Note

Introduction to FCA penalties The power of the Financial Conduct Authority (FCA) to impose a financial penalty is an important regulatory tool. There are other sanctions...

Practice Note

This Practice Note explains the initial stages and investigative steps in the Financial Conduct Authority’s (FCA) enforcement process once a breach has been identified....

Practice Note

Background to partly contested cases On 1 February 2017, the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) published a joint Policy...

Practice Note

In the UK, the regulation of the financial services sector is conducted by two separate regulators, the Financial Conduct Authority (FCA) and the Prudential Regulation...

Practice Note

Once FCA Enforcement has commenced a formal investigation into a potential breach of FCA rules, the subject of the investigation may have the opportunity to resolve the...

Practice Note

The enforcement powers of the FCA The FCA is responsible for the regulation of conduct across the financial services sector, in firms and markets of all sizes and in all...

Practice Note

In recent years, as part its policy of ‘credible deterrence’, the Financial Conduct Authority (FCA) has sought to take more disciplinary action against individuals,...

Practice Note

Private warnings Private warnings are important regulatory tools used by the FCA. They are used by the FCA in order to achieve its regulatory objectives under the...

Practice Note

Prohibition orders The FCA has power under the Financial Services and Markets Act 2000, s 56 (FSMA 2000) to prohibit individuals who are not fit and proper from carrying...

Practice Note

The Regulatory Decisions Committee The Regulatory Decisions Committee (RDC) is a committee of the Financial Conduct Authority's (FCA) Board. It is part of the FCA,...

Practice Note

This Practice Note provides a general introduction to freezing injunctions and should be read, where relevant, in conjunction with the other Practice Notes included in:...

Practice Note

Origins of Group Litigation Orders (GLOs) GLOs were introduced in the Civil Procedure Rules (CPRs) 2000 following recommendations by Lord Woolf in his report on Access to...

Practice Note

Introduction to third-party rights under FSMA 2000 Third-party rights deriving from the disciplinary powers in the Financial Services and Markets Act 2000 (FSMA 2000)...

Practice Note
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