Investigations and Enforcement: Financial Services

This practice note provides an introduction to the substantive law relating to judicial review.

In this practice note, Tom Hibbert, a partner at RPC, outlines the causes of action available to individual investors and corporate bodies against financial institutions for misselling under the common law, regulatory and statutory regimes. This includes complaints to the Financial Ombudsman Service (FOS),  claims for breach of statutory duty, claims relating to advice in contract or tort and for misrepresentation. The note also considers possible contractual estoppel and limitation defences.  

This practice note considers the disclosure issues arising where a firm or individual is being investigated by the FCA. It is part of a practical guide to the FCA enforcement process, written by PLC Financial Services. For an index to the FCA enforcement process practical guide, see Practice note, A practical guide to the FCA enforcement process: index.

This practice note provides an overview of the investigation process once a case has been referred to the FCA's enforcement function. It sets out some practical tips for firms and individuals who become subject to this process. This practice note is part of a practical guide to the FCA enforcement process, written by PLC Financial Services. For an index to the FCA enforcement process practical guide, see Practice note, A practical guide to the FCA enforcement process: index.

This practice note considers the key notification requirements to which FCA authorised persons are subject and the supervisory and thematic visits which the FCA carries out. It outlines the action which an authorised person can take, in consultation with the FCA, to seek to avoid a referral to the FCA's Enforcement and Financial Crime division in relation to any identified concerns. Although this practice note refers throughout to firms, it is also relevant to individuals authorised under the Financial Services and Markets Act 2000 (FSMA). This practice note is part of a practical guide to the FCA enforcement process, written by PLC Financial Services. For an index to the FCA enforcement process practical guide, see Practice note, A practical guide to the FCA enforcement process: index.

This practice note outlines the FCA's powers and the process it follows to investigate senior management. It suggests ways in which firms and individuals can deal with FCA investigations of senior management. This practice note is part of a practical guide to the FCA enforcement process, written by PLC Financial Services. For an index to the FCA enforcement process practical guide, see Practice note, A practical guide to the FCA enforcement process: index.

A practice note charting developments relating to the European Account Preservation Order in chronological order.

In this practice note, Jane Tuckley, partner, and Nigel Barratt, Director of Research, from Travers Smith LLP's Financial Services and Markets department, outline the range of disciplinary sanctions for non-criminal offences and breaches which are available to the FCA under powers derived from the Financial Services and Markets Act 2000. This practice note is part of a series of Travers Smith LLP practice notes on the FCA's disciplinary and enforcement powers. For more information, see Practice note, FCA disciplinary and enforcement powers: a guide to content written by Travers Smith LLP.

In this practice note, Jane Tuckley, partner, and Nigel Barratt, Director of Research, from  Travers Smith LLP's Financial Services and Markets department, provide a summary of the FCA's information gathering powers under sections 165 and its supplementary powers under section 175, of the Financial Services and Markets Act 2000. This practice note is part of a series of Travers Smith LLP practice notes on the FCA's disciplinary and enforcement powers. For more information, see Practice note, FCA disciplinary and enforcement powers: a guide to content written by Travers Smith LLP.

In this practice note Jane Tuckley, a partner in Travers Smith LLP's Financial Services and Markets department, and Nigel Barratt, Director of Research in the same department, outline the complaints handling procedures of the Financial Ombudsman Service (FOS). For an overview of the FOS' statutory framework, constitutional issues and funding, see Practice note, Financial Ombudsman Service: statutory framework, constitution and funding. For a description of the three jurisdictions comprising the FOS scheme, see Practice note, Financial Ombudsman Service: jurisdiction. This practice note is part of a series of practice notes written by Travers Smith LLP outlining the FSA's disciplinary and enforcement powers. For more information, see Practice note, FSA enforcement regime: overview. This practice note, and the other FOS practice notes referred to above, are in the process of being updated by the authors to reflect the new UK regulatory structure that came into effect on 1 April 2013.

In this practice note Jane Tuckley, a partner in Travers Smith LLP's Financial Services and Markets department, and Nigel Barratt, Director of Research in the same department, outline the statutory framework under which the Financial Ombudsman Service (FOS) is established and operates. They also consider constitutional matters for the FOS, and the funding of the FOS. For a description of the three jurisdictions comprising the FOS scheme, see Practice note, Financial Ombudsman Service: jurisdiction. For an overview of the FOS' complaint handling procedures, see Practice note, Financial Ombudsman Service: complaint handling procedures. This note is part of a series of practice notes written by Travers Smith LLP outlining the FSA's disciplinary and enforcement powers. For more information, see Practice note, FSA enforcement regime: overview.