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17 April 2008 / Diane Saunders
Issue: 7317 / Categories: Features , Regulatory , Banking , Commercial
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Interesting times

How is the Financial Services Authority doing as a mortgage regulator? Diane Saunders reports

The Financial Services Authority (FSA) has regulated mortgages since October 2005. Since then we have contacted the FSA to clarify rules or to check how we should proceed. Staff do their best to help, but often can't because they cannot give us exact guidance, while warning us that if we misinterpret the rules we will be liable to censure.

We are now charged to “treat customers fairly”. Well, we thought we did, but only 22% of mortgage intermediaries met the first deadline of March 2007, when they had to demonstrate they were applying the Treating Customers Fairly principles in a substantial part of their business. The final deadline has now been extended until December 2008.

The regulatory advice “industry” has grown because it is becoming more difficult for advisers to read the many directives and dictats issued and incorporate them into our working lives. The introduction of “principles-based” regulation does not seem to make much difference.

The FSA regulates everything

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
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
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
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’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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