Fraud and Financial Crime

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Closing the Open Justice gap by widening public access to court documents

By Christian Toms on Posted in Banking, Contracts and Agreements, Crypto-Assets, Dispute Resolution, Fraud and Financial Crime
Since 1 January 2026, a two-year pilot is now running in the English Commercial Court (including the London Circuit Commercial Court) and the Financial List which changes how public access to court documents works. If you are involved in litigation in these courts, documents used or referred to in public hearings during the Pilot period … Continue Reading

The Property (Digital Assets etc) Act 2025 – Why It Matters

By Christian Toms on Posted in Contracts and Agreements, Crypto-Assets, Dispute Resolution, Fraud and Financial Crime, Regulation
On 2 December 2025, the Property (Digital Assets etc) Act 2025 (the “2025 Act”) came into force. The Act confirms that digital assets can attract personal property rights even though they fall outside traditional classifications. The Act is deliberately short, leaving the development of this new category of personal property, and the rights that may … Continue Reading

FCA publishes views on firms’ risk assessment processes and controls

By Chris Webber on Posted in Fraud and Financial Crime, Regulation, Uncategorized
The FCA has recently published its multi-firm review: Risk assessment processes and controls in firms: our findings (11 November 2025) which focuses on how regulated firms are conducting business-wide risk assessments (BWRA) and customer risk assessments (CRA). Weak risk-assessment frameworks can invite regulatory scrutiny, so firms should consider whether the review findings warrant changes to … Continue Reading

APP fraud – might banks have a “retrieval duty” ?

By Christian Toms on Posted in Banking, Dispute Resolution, Fraud and Financial Crime
Following on from our Blog post and article from November of last year that looked at the potential liabilities of banks and related parties in the context of authorised push payment (“APP”) frauds, the recent decision of Master Brown in CCP Graduate School Ltd v National Westminster Bank PLC & Anor [2024] EWHC 581 (KB) … Continue Reading

Anatomy of a fraud series – Powers afforded by search and imaging orders

By Christian Toms on Posted in Dispute Resolution, Fraud and Financial Crime, Investigations
Search orders Search orders are a form of interim, mandatory injunction which require a respondent to allow the applicant’s representatives to enter the respondent’s premises and search for, copy and remove documents or material for the purpose of preserving evidence and/or property which is or may be subject to an action.  Search orders are, therefore, … Continue Reading

Push-ed Back – Supreme Court Considers Quincecare Duty for Authorised Push Payment (“APP”) Fraud Victims

By Chris Webber, Katherine Wakeham and Assad Bishara on Posted in Banking, Dispute Resolution, Fraud and Financial Crime
On 12 July 2023, the Supreme Court delivered its widely anticipated judgment in Philipp v Barclays Bank UK PLC. In doing so, the Court has gone back to basics to explain the basis for and scope of a bank’s duty to its customers, and has brought the Quincecare duty back to a narrower footing. By … Continue Reading

DWP sets out “Stronger Nudge” regime to protect savers and rein in Pension Freedoms

By Mariyam Harunah on Posted in Fraud and Financial Crime, Pensions
Following successful trials, the Department of Work and Pensions (“DWP”) announced proposals last  Wednesday to introduce a “Stronger Nudge” regime, as part of a package of measures aimed at helping savers make better-informed decisions when it comes to accessing their pension savings, and to further protect them from scams.… Continue Reading

Lack of Data Impacts Efforts to Fight Pensions Scams

By Mariyam Harunah on Posted in Fraud and Financial Crime, Pensions
The Pensions Policy Institute (“Institute“) has said that a lack of comprehensive data on the number and scale of pensions scams, places limitations on the industry’s ability to effectively protect savers. According to the Institute, “victims of pension scams [are] losing more than £80,000 on average.” There is growing concern from the Institute that during the COVID-19 … Continue Reading

FCA publishes business plan for 2020/21

By Squire Patton Boggs on Posted in Fraud and Financial Crime, Insurance, Investment Management, Pensions, Regulation
The FCA yesterday set out its business priorities for the years ahead, focussing in part on the unique challenges presented to the financial services industry by the Covid 19 pandemic. In this blog we look at three issues that the FCA’s Business Plan for 2020/21 pays special attention to, the regulatory response to the Covid-19 … Continue Reading

SFO in the dock again as former Barclays’ executives cleared of Qatari fraud charges

By Squire Patton Boggs on Posted in Banking, Fraud and Financial Crime
On 28 February, former senior Barclays executives Roger Jenkins, Tom Kalaris, and Richard Boath were all acquitted of conspiracy to commit fraud contrary to section 1(1) of the Criminal Law Act 1997, and fraud by false misrepresentation, contrary to section 1 of the Fraud Act 2006.  The case is the latest in a series of … Continue Reading

FCA voices concerns about “epidemic” levels of fraud in the UK

By Squire Patton Boggs on Posted in Fraud and Financial Crime, Regulation
In a recent speech given at the Cambridge Economic Crime Symposium, the Chairman of the Financial Conduct Authority (FCA), Charles Randell, discussed the growing “epidemic” of fraud across the UK, and the need for collaboration in both the public and private sectors to fight more effectively against investment fraud.… Continue Reading

FCA found partially liable for loss caused by errors in Financial Services Register

By Squire Patton Boggs on Posted in Fraud and Financial Crime, Regulation
The Financial Regulators Complaints Commissioner has recommended that the Financial Conduct Authority makes an ex gratia payment of £6,500 to an individual complainant. The recommended payment represents 50% of the total loss suffered by the Complainant as a result of errors in the Financial Services Register. The Complaints Commissioner acknowledged that the FCA should not … Continue Reading

Breathe easy, the SFO calls it a day in privilege battle

By Squire Patton Boggs on Posted in Fraud and Financial Crime
Last month we reported that the Court of Appeal (The Director of the SFO v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006) had reversed the High Court’s controversial and troubling decision from 2017 that concerned the extent to which litigation privilege could apply to documents generated in the context of internal investigations https://www.finance-disputes.co.uk/2018/09/litigation-privilege-sense-prevails-in-the-court-of-appeal/. It was announced … Continue Reading

Litigation privilege: sense prevails in the Court of Appeal

By Squire Patton Boggs on Posted in Fraud and Financial Crime, Regulation
Last week the Court of Appeal (The Director of the SFO v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006) reversed the High Court’s controversial and troubling decision from 2017 that concerned the extent to which litigation privilege could apply to documents generated in the context of internal investigations. ENRC successfully argued that legal professional … Continue Reading
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