Events

FSLA has submitted a response to the FCA’s Consultation Paper CP24/2 titled “Our Enforcement Guide and publicising enforcement investigations – a new approach”.  FSLA considers that the FCA’s proposal to identify investigation subjects (whether firms or individuals) at the commencement of an enforcement investigation where it is in the public interest to do so, may not deliver on the FCA’s stated objectives namely: to build trust and show the public that the FCA is “on the case”; to educate and deter by being clearer about the types of misconduct which will warrant a formal investigation; and to improve accountability of the FCA by shining a light on the efficiency and pace of its investigations. Our response examines the significant legal and practical challenges which the FCA may face as a result of such a fundamental policy shift and explores some alternative approaches which could enable the FCA to achieve its aims in a proportionate manner which balances the public interest and consumer protection with the irreparable harm which could be caused to investigation subjects (especially where over 60% of investigations are closed with no enforcement action being taken).

Please note: The response as submitted on behalf of FSLA and is intended to capture the overall weight of contributions received from its membership, but the views, thoughts, and opinions expressed in this response belong to the individual authors of this paper (and not for example the author’s employer, chambers, organisation, committee or other group or individual members of FSLA). For the avoidance of doubt, this paper does not contain the views of or purport to make any representations on behalf of any FSLA members who are employed by the FCA, the Bank of England (including the Prudential Regulatory Authority) or any other regulatory bodies.

FSLA panel discussion at Fox Williams on Wednesday 8 November 2023 at 6:30pm

On behalf of the Financial Services Lawyers Association (FSLA), we invite you to attend a panel event which seeks to examine and reflect on the first 100 days of the FCA’s new Consumer Duty – a duty which signals a significant shift in the FCA’s expectations and seeks to impose higher and clearer standards for consumer protection across financial services and requires firms to act to deliver good outcomes for customers.

The panel shall examine the success stories and challenges faced by firms and practitioners tasked with delivering the Consumer Duty and offer some lessons learned for the future.   

The event panel will include:

• Peter Finch – Partner in the Financial Services and FinTech team at Fox Williams LLP  
• Rebecca Irving – Head of Regulatory Legal, Close Brothers Bank and formerly of the FCA
• Mark Turner – Head of Regulatory Consulting, Kroll

The discussion will be followed by a networking event which is open to all attendees.  

The event will be hosted at Fox Williams LLP at 10 Finsbury Square, London, EC2A 1AF.  

You can register to attend the event at the link below. Please do not register again if you have registered before.

Registration will be open from 6pm and the panel discussion will start at 6:30pm.
If you have any queries or special requirements, please contact us at events@fsla.org.uk. 

Tuesday 24 October 2023 at 5.45pm

Taking place at Taylor Wessing LLP, 5 New St Square, London EC4A 3TW

On behalf of the Financial Services Lawyers Association (FSLA), Taylor Wessing LLP and Outer Temple Chambers would like to invite you to attend our in-person event on Recent Developments and Future Trends in the Regulation of Cryptoassets to held on Tuesday, 24 October 2023 from 5.45pm to 8pm.

The panel event will feature the following speakers:

• Victoria McLoughlin, Interim Head of Digital Assets Department at the Financial Conduct Authority 
• Charlotte Hill, Partner and Head of Financial Services Regulation and Fintech at Taylor Wessing LLP 
• Justina Stewart, Barrister at Outer Temple Chambers 
• Ijeoma Okoli, Co-Director at the Digital Economy Initiative and Strategic Adviser, Digital Assets

The 1 hour event will focus on the latest developments, future trends and areas of concern in the fast-evolving and increasingly topical field of cryptoasset regulation. We expect that it will be of interest to all financial services lawyers of all levels of PQE. It will conclude with an audience Q&A session that will finish by 7.30pm and shall be held pursuant to the Chatham House Rule.  

Venue: Taylor Wessing LLP, 5 New St Square, London EC4A 3TW

Date:    Tuesday 24 October 2023

Time:     5.45pm – Registration

               6.15pm – Introduction, panel discussion and Q&A

               7.30pm – Drinks 

Tuesday 20 June 2023 at 6pm

Taking place at The Law Society, 113 Chancery Lane, London WC2A 1PL

Members are invited to join Olie Dearie, Head of the Enforcement and Litigation Division at the Bank of England, for a discussion on the proposed changes to their enforcement policies. The changes – which are subject to consultation – are designed to create a single statement of policy identifying the various enforcement policies and procedures across its remit.

This will contain an updated version of the ‘PRA Approach to Enforcement’, as well as signposting the Bank’s other enforcement policies relating to financial market infrastructures, banknotes and in the context of the special resolution regime. The consultation also includes changes which are designed to facilitate earlier cooperation by subjects and faster investigatory outcomes, including via the introduction of an ‘Early Account Scheme’ and a revised approach to calculating the starting point for penalties for firms.
 
Agenda:

• Introduction by Farhaz Khan KC, 3VB
• Keynote speech by Olie Dearie, BoE
• Q&A led by Andrew Spink KC, Outer Temple Chambers

A training session on non-financial misconduct hosted at Clifford Chance LLP on 27 April 2023.

On behalf of the Financial Services Lawyers Association (FSLA) and Clifford Chance LLP, we would like to invite our junior members (students and those with less than 5 years’ relevant experience), and those looking for a refresher, to attend a training session on non-financial misconduct hosted by Philip Cox, Murray Tabeart, Emily Goddard, and Amy Bird of Clifford Chance LLP. The increasing risk of regulatory enforcement in relation to non-financial misconduct may concern firms and, in particular, senior managers who themselves might face regulatory scrutiny.

This is especially so given that the exact scope of behaviour which may give raise to regulatory concern is not clear. The session will provide an overview of non-financial misconduct, the FCA’s recent approach to the issue (including the ways it might seek to take further action and the scope of its authority to do so) and possible future developments in the area.

The presentation will be followed by drinks and canapés, giving our junior members the chance to network in an informal and relaxed setting.

Location: Clifford Chance LLP, 10 Upper Bank Street, London, E14 5JJ

Date: 27 April 2023

Timings:

·       6 pm – registration

·       6.30 pm – session starts

·       7.30 pm – networking