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PRACTICE NOTES
In recent years, the Financial Conduct Authority (FCA) has recognised that poor culture, including a tolerance for non-financial misconduct, is often a key driver in major conduct failings in financial services. This has prompted the regulator to increasingly focus on non-financial misconduct in its regulation of firms and individuals. In September 2023, the FCA published consultation paper CP23/20 on a package of measures to promote diversity and inclusion in the financial services sector, including proposed amendments to specify where its rules apply to non-financial misconduct. In July 2025, the FCA published, its resulting policy statement and consultation paper CP25/18 setting out its approach to non-financial misconduct. As part of this, the FCA amended its Code of Conduct (COCON) sourcebook to introduce new rules for non-financial misconduct in the financial sector. The FCA expanded the scope of COCON to align banks and non-banks in respect of non-financial misconduct, to clarify that for non-banks the new rules for non-financial misconduct cover serious instances
NEWS
Financial Services analysis: Non-financial misconduct has become an urgent matter of discussion across the financial services sector. Workplace behaviours such as harassment and abuse are indicators of a poor workplace culture, lacking diversity and inclusion. This has been referred to by both the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) (together, ‘the Regulators’) when addressing Parliament. Recent actions by the Regulators demonstrate behavioural misconduct and workplace culture are at the forefront of the regulatory agenda. High profile cases of non-financial misconduct in the last year emphasise that this is a business risk which needs to be addressed across a range of sectors, not just within financial services. Charli Curran and Ankura Zulfi Meerza of Rahman Ravelli consider the legal and regulatory developments and how firms should start to prepare.
GLOSSARY
A method of capturing data that excludes metadata
GLOSSARY
Telephone numbers which are used to identify a type of service rather than a geographical location. These services are sometimes referred to as Specially Tariffed Services and include freephone, local rate, national rate and premium rate numbers. Mobile and Personal numbers are also non-geographic numbers.
GLOSSARY
A policy of insurance under which the only benefits which may become payable are benefits payable in consequence, or anticipation of: (1) the death of the individual; or (2) the death of one of a group of individuals which includes the individual (eg a policy which covers a number of individuals but only pays a benefit out on the first death or last survivor' death); or (3) the deaths of more than one of a group of individuals (eg a policy which pays a benefit out on the death of each of the individuals); (4) where the group includes the individual, and the other members of the group are connected with the individual in accordance with FA 2004, s 195A(8).
PRACTICE NOTES
The police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984). Non-intimate samples are defined as meaning: • a sample of hair other than pubic hair • a sample taken from a nail or from under a nail • a swab from any part of a person's body other than a part from which a swab taken would be an intimate sample • a sample of saliva • a skin impression (other than a fingerprint) For information on intimate samples, see Practice Note: Intimate samples. Consent to non-intimate samples Non-intimate samples cannot generally be taken from a person without their consent. Any consent given must be given in writing. Power to take non-intimate samples without consent Under PACE 1984, non-intimate samples may be taken without consent from those who have been arrested, charged or convicted in the UK, convicted of a serious offence overseas, or held in custody on the authority of the court. Taking samples without consent following arrest A non-intimate sample can be taken
GLOSSARY
Anyone with an ownership interest in an authorised body who is not a lawyer.
GLOSSARY
This describes the regulated activities which authorised professional firms carry on in circumstances where these activities are complementary to a professional legal service.
NEWS
Family analysis: In ND (by her litigation friend) v GD, the court was concerned with financial remedy proceedings, where the wife was a vulnerable party, represented through her litigation friend. The total assets were approximately £2.6m, however the majority were accrued by the husband five years post-separation, inherited from his mother. The wife needed professional care arising from her diagnosis of young-onset Alzheimer’s in 2018. The court made reference to the combined financial and aggregated emotional toll on the parties, accompanying this type of litigation. Poonam Bhari, barrister at 3PB Chambers, examines the issues.
PRACTICE NOTES
This Practice Note considers the court’s approach to non-matrimonial or non-civil partnership assets when determining the extent of the assets to be divided, including how such assets are defined and the impact of whether they were acquired pre- or post- marriage or civil partnership and before or after separation. It also considers the concept of matrimonialisation and looks at different types of asset and the circumstances in which they may be regarded as non-matrimonial or non-civil partnership assets, including bonuses, compensation, damages, passive growth and the significance of the type and source of an asset. In this Practice Note the terms, non-matrimonial property and matrimonial property, should be taken respectively as including non-civil partnership property and civil partnership property. Matrimonial property is, in broad terms, property acquired by either party during the marriage otherwise than by gift or inheritance, plus (in almost all cases) the matrimonial home. The term ‘marital acquest’ may be applied to assets in this category. Non-matrimonial property is everything else, noting that non-matrimonial property can become matrimonial through a process known as matrimonialisation.
GLOSSARY
An order obtained under Part IV of the Family Law Act 1996 protecting a party from 'molestation' prohibiting a person (the respondent) from molesting a person associated with the respondent or a relevant child.
PRACTICE NOTES
This Practice Note explains the criteria that the court must have regard to when considering an application for a non-molestation order under Part IV of the Family Law Act 1996 (FLA 1996). It explains who can apply for a non-molestation order and who are associated persons under FLA 1996, Pt IV. It also considers the definition of molestation. Under the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from molesting another person who is associated with the respondent or a relevant child. The court can make a non-molestation order: • if an application for the order has been made (whether in other family proceedings or without any other family proceedings being instituted) by a person who is associated with the respondent, or • if in any family proceedings to which the respondent is a party, the court considers that the order should be made for the benefit of any other party to the proceedings or any relevant child even though no such application has been made The court