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05 June 2015 / Alan Ward
Issue: 7655 / Categories: Opinion
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3rd party rights & wrongs

Post Macris, Alan Ward predicts a significant change in how regulatory enforcement in the City is conducted & publicised

Anyone with even a passing interest in financial services and the City will be aware of the $5.7bn (£3.7bn) in regulatory and criminal penalties levied against major banks last month, following the global foreign exchange (FX) investigation.

Many newspaper headlines papers asked the question: “Why aren’t these crooked bankers in jail?” But a better question might be: have any of the five UK and US regulators involved in the settlements even thought to ask the traders vilified in the headlines what they think about it all?

The informed observer might assume that the agencies that conducted these high-profile investigations would, at some point, have asked the allegedly culpable individuals for their explanation. However, a Court of Appeal judgment handed down the day before the FX settlements were announced has highlighted (and directed criticism at), the manner in which the Financial Conduct Authority (FCA) attributes blame to identifiable individuals in regulatory notices, without first giving those

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NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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