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19 July 2018 / Michel Reznik
Issue: 7802 / Categories: Features , Regulatory , Banking , Commercial
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Financial Services Tribunal: for justice, for regulatory clarity (Pt 3)

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Michel Reznik negotiates the tightrope of financial regulation & concludes with regulatory clarity

  • A Financial Services Tribunal with jurisdiction to produce authoritative decisions on the effect of regulation would help eliminate regulatory uncertainty, reduce compliance costs and maintain the UK’s reputation as one of the best-regulated markets in the world.

Financial regulation, like the politics which underpins it, began a transformation in 2008. Richard Samuel, barrister at 3 Hare Court, in the latest of his trilogy of articles in the Capital Markets Law Journal , characterises the change in this way. Before that date, financial regulators investigated irregularities apparent in the market and penalised transgressions where they found harm. Since 2008, regulators have not waited for irregularities or harm; they now require absolute compliance with their rules and fine firms who fall short. An increasingly burdensome series of regulations and rule-books have therefore become all the more onerous for firms because of the unforgiving way in which they are now policed. Post-2008 politics has sustained

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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