FCA - regulatory and enforcement

Our Banking and Financial Disputes team has experience in responding to and preparing for regulatory investigations and enforcement actions. Working closely with our Non-Contentious Financial Services team, we can assist with a wide range of civil and regulatory investigations and actions by the Financial Conduct Authority (“FCA”), for example:

  • Advising on FCA enforcement powers and procedures.
  • Advising on how to deal with FCA investigations.
  • Representation at FCA interviews.
  • Representation before the Regulatory Decisions Committee.
  • Assisting with responding to FCA information and document requests.
  • Advising on Section 166 notices issued by the FCA, including consultation with the FCA, commenting on the skilled person’s report, negotiating with the FCA on potential enforcement action. 
  • Advising on market abuse and insider trading issues.
  • Advising on alleged breaches of the Senior Managers and Certification Regime (“SMCR”).

Our recent financial services investigation and enforcement experience includes:

  • Advising firms and individuals on FCA investigations and enforcement proceedings, for example: 
    • Acting for a company director in an FCA investigation whose company advised on Self Invested Personal Pension, and representing them at a consequent hearing before the Regulatory Decisions Committee.
    • Acting for a compliance officer, subject to disciplinary procedures within his regulated firm and advising on his future status as an approved person.  
    • Acting for a trader in respect of an FCA market abuse investigation into an illegal share support scheme at a spread betting company.
    • Acting for a former compliance officer who was unjustifiably reported to the FCA by his firm and supporting him to clear his name and remain eligible to act as a senior manager in future.
    • Advising stockbrokers accused of mis-selling and other breaches of regulations, representing them in an FCA investigation and at a hearing before the before the Regulatory Decisions Committee.
  • Advising independent financial advisors and other authorised firms on general regulatory matters.
  • Advising on regulatory requirements relating to the exchange of cryptoassets.  
  • We have also assisted clients in enforcement matters by supervisory financial bodies in other countries, for example, we have provided assistance to a hedge fund trader appealing against a regulatory decision of the Frankfurt Stock Exchange to issue sanctions against him.

Additional information