News & Analysis as of

Appeals Financial Conduct Authority (FCA)

Mayer Brown

Victory for Lenders in Supreme Court Decision on Motor Vehicle Finance

Mayer Brown on

THE SUPREME COURT HAS REJECTED TWO OF THE THREE CLAIMS IT WAS ASKED TO DECIDE, AND UPHELD THE OTHER BASED ON ITS SPECIFIC FACTS - OVERVIEW - In a landmark decision which will be closely scrutinised by the finance...more

Proskauer - Regulatory & Compliance

FCA Outlines Next Steps on Potential Motor Finance Redress Scheme

On 5 June 2025, the United Kingdom’s Financial Conduct Authority (“FCA“) has published a statement  (“Statement“) setting out its current thinking on the possible implementation of a redress scheme for motor finance customers...more

Hogan Lovells

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

Hogan Lovells on

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

Hogan Lovells

UK Insurance Horizon Scanner – April 2025

Hogan Lovells on

A snapshot of key market and regulatory developments expected to impact the UK insurance sector over the next six months. 1 – 3 April Motor finance: The Supreme Court heard the three linked appeals, Hopcraft, Johnson and...more

A&O Shearman

UK Supreme Court opens three-day hearing on motor finance commission complaints

A&O Shearman on

The three-day hearing of the significant Supreme Court case involving motor finance commission complaints has begun. The case involves the conjoined appeals involving two lenders who are challenging the decision of the Court...more

A&O Shearman

UK Financial Conduct Authority Supports Expedition of Appeals of Motor Finance Decisions

A&O Shearman on

The U.K. Financial Conduct Authority has published a letter addressed to the Supreme Court regarding the applications for permission to appeal to the SC and requests for expedition in the recent motor finance commission...more

A&O Shearman

UK Financial Conduct Authority Consults on Further Temporary Changes to Handling Rules for Motor Finance Complaints

A&O Shearman on

The U.K. Financial Conduct Authority has published a consultation on further temporary changes to handling rules for motor finance complaints. The FCA explains that following the Court of Appeal's recent judgment on motor...more

A&O Shearman

Court of Appeal confirms FCA power to impose single-firm redress schemes

A&O Shearman on

The UK Court of Appeal has confirmed that the UK Financial Conduct Authority (FCA) has the power to impose single-firm schemes of redress where it considers this is desirable to satisfy one of its statutory operational...more

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - September 2024 Updates

CryptoLink is a compilation of news stories published by outside organizations. Akin aggregates the stories, but the information contained in them does not necessarily represent the beliefs or opinions of the firm. Akin's...more

BCLP

Former Traders Tom Hayes and Carlo Palombos LIBOR Convictions Upheld by Court of Appeal

BCLP on

R v TOM HAYES & CARLO PALOMBO [2024] EWCA 304 On 27 March 2024, the Court of Appeal (Bean & Popplewell LJJ, Bryan J) dismissed the appeals against conviction following referrals of the appeals to the Court of Appeal by the...more

White & Case LLP

Global Investigations Review: Basic Anatomy of Enforcement Investigations in Europe

White & Case LLP on

Securities laws across France, Germany and the United Kingdom are widely comparable. Each country recognises the importance of maintaining a strong procedural framework of regulation and enforcement. The EU Market Abuse...more

Latham & Watkins LLP

Court of Appeal Takes Expansive View of Regulated “Arranging” Activities

Latham & Watkins LLP on

This decision shines a spotlight on the activities of unregulated introducers. In a recent decision, the Court of Appeal upheld the FCA’s findings that unregulated introducers had been carrying on regulated activities...more

Goodwin

Supreme Court Favours Policyholders In COVID-19 Business Interruption Claims

Goodwin on

On 15 January 2021, judgment was handed down in the leapfrog appeal heard by the Supreme Court in the test case brought by the Financial Conduct Authority in relation to the responsiveness of business interruption insurance...more

BCLP

Supreme Court hands down its judgment in the COVID-19 Business Interruption Insurance Test Case

BCLP on

The UK Supreme Court in the Test Case on Business Interruption Insurance brought by the FCA on behalf of policyholders has decided that the FCA’s appeal (on behalf of policyholders) should be substantially allowed, with...more

BCLP

What to expect from the FCA Test Case appeal to the Supreme Court

BCLP on

On 16 November all eyes will turn to the Supreme Court as a 4-day hearing commences to determine the appeals of the FCA, the Hiscox Action Group, and six of the original eight insurers who were party to the FCA’s Test Case. ...more

Cooley LLP

Blog: FCA – business interruption insurance test case – appeal

Cooley LLP on

At a hearing on 2 October 2020, the court made a number of orders following on from its judgment. The court granted “leapfrog” appeal certificates to the FCA, to six of the insurers involved in the test case and to one of...more

Cooley LLP

Blog: FCA – business interruption insurance test case – appeal

Cooley LLP on

Following the judgment, handed down on 15 September, it has been confirmed that there will be a hearing on 2 October at which the court will hear any applications for permission to appeal....more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - September 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more

WilmerHale

Making Privilege Whole Again: Alternative Facts or a Restatement of Principle?

WilmerHale on

On 5 September the Court of Appeal handed down its judgment in the long-awaited, and much discussed, case of SFO v ENRC. Justice Andrews’ ruling in the lower court, which rejected ENRC’s claim to litigation privilege, had...more

Akin Gump Strauss Hauer & Feld LLP

In Principle: 10 Things Authorised Firms Need to Know for 2018 – The World of Financial Regulation as the UK Prepares to Exit the...

There is much for authorised firms to consider in the year ahead. Firms have been through the intensive period of the enactment of the second Markets in Financial Instruments Directive (MiFID II), but must now step up their...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - August 2017

ANTICORRUPTION DEVELOPMENTS - MTS Receives DOJ and SEC Declination Letters Concluding FCPA Investigations - On August 7, 2017, MTS Systems (MTS), a Minnesota based maker of test systems and industrial position...more

WilmerHale

Case Note: Allen and Conti

WilmerHale on

This case, from the U.S. Federal Appeals Court, considers the applicability of the Fifth Amendment’s privilege against self-incrimination in relation to testimony compelled by a foreign government, on the present facts the...more

Morrison & Foerster LLP

Banks Do Not Owe a Duty of Care to Customers in Relation to Interest Rate Hedging Products Review

The Court of Appeal has held that banks do not owe a duty of care in tort to their customers when carrying out a swaps misselling review required by the banks’ agreement with the Financial Conduct Authority (“FCA”). The...more

Latham & Watkins LLP

Second Circuit: Fifth Amendment Bars Testimony Compelled by Foreign Governments

Latham & Watkins LLP on

The court vacates LIBOR convictions with significant implications for US criminal cases involving cross-border investigations. Key Points: ..The Fifth Amendment also limits the use a defendant’s statements compelled by...more

King & Spalding

A Constitutional Check on Cross-Border Enforcement Tactics: Takeaways from the Second Circuit’s Decision in United States v. Allen

King & Spalding on

Today’s global investigations frequently involve the cooperation of many government agencies in multiple countries. On July 18, 2017, the U.S. Court of Appeals for the Second Circuit handed down a decision creating a major...more

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