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FCA announces radical proposals to shake up premium pricing in GI market to improve competition for customers

We know that the regulator has long been concerned about different (and lower) premiums been offered to new customers compared to loyal customers who may not shop around for their insurances (the so called “loyalty penalty”). The FCA says that its work in the area has identified 6 million policyholders paying high or very high … Continue Reading

Win for FCA and some relief for policyholders in High Court BI insurance test case

The High Court ruled yesterday in favour of the Financial Conduct Authority (“FCA“) on what the FCA describes as the “majority of the key issues” in its test case on insurance cover for business interruption (“BI“) losses incurred during the COVID-19  pandemic and subsequent Government imposed lockdown. The decision means that insurers may now have … Continue Reading

The FCA’s Conduct Rules – The New Requirement to Report

Since 9 December 2019, the majority of FCA solo-regulated firms have been subject to the Senior Managers and Certification Regime (SM&CR) including the Conduct Rules which set basic standards of good personal conduct against which the FCA can hold people to account. As such, the rules are enforceable by the FCA and are intended ‘to … Continue Reading

Cryptoasset update: FCA report shows increased usage as HM Treasury consults on expanded financial promotions requirements

The FCA has been increasingly interested in cryptoassets as their use in the UK has grown. In October 2018, the FCA published a joint report alongside the Bank of England and the Government as part of the UK Domestic Taskforce on Cryptoassets. In March 2019, the FCA commenced research into consumer attitudes and awareness of … Continue Reading

Regulatory investigations: High Court confirms auditors should decide whether client documents are privileged

In the recent decision of A v B and another [2020] EWHC 1491, the High Court decided that where an auditor is required to provide documents to a regulator, and the auditor’s client asserts privilege over such documents, it is for the auditor to decide whether the documents are in fact privileged and therefore should not … Continue Reading

Notice Requirements for Indemnity Claims: Buyer Beware

In Towergate Financial (Group) Ltd & Ors (“Buyer”) v Hopkinson & Ors (“Sellers”) [2020] EWHC 984, the High Court considered the construction of a contractual limitation period for notifying indemnity claims. The Court found that the Buyer was unable to claim under an indemnity as it had not complied with necessary notice requirements.… Continue Reading

Relief for SIPP providers as Court hands down long awaited judgment in Carey Pensions case

Yesterday, the Court finally gave judgement in Russell Adams v Options SIPP UK LLP, a significant test case on the potential liability of an execution only SIPP provider to an investor whose underlying investment in the SIPP had incurred significant losses. In a 99 page judgment, His Honour Judge Dight decided that the Defendant was … Continue Reading

Bad Behaviour = Bad for Jobs: Cabinet Office publishes guidance for responsible contractual behaviour during COVID-19

The Cabinet Office has published guidance for contractual parties on what it deems responsible behaviour during COVID-19. The motive being to encourage parties to support the response to the pandemic and protect jobs and the economy, noting that, “bad behaviour will be bad for jobs and will impair our economic recovery.”… Continue Reading

Update on FCA’s Court Action on Business Interruption Insurance Cover

On 1 May 2020, we reported on the Financial Conduct Authority (“FCA”) plans to take Court action seeking a declaration on an urgent basis to try and help resolve some of the ongoing uncertainties around the much-publicised issue of business interruption (“BI”) insurance coverage and how the insurance responds to COVID-19 related claims by insureds … Continue Reading

FCA to take Court action on business interruption insurance and proposes measures to help consumers and small businesses with insurance products

Earlier today, the FCA announced that it will ask the Court for a declaration on an urgent basis to try to help resolve the ongoing uncertainties around the much publicised issue of business interruption (“BI”) insurance coverage that we have written about in the past few weeks.… Continue Reading

FCA sounds warning to financial advisers on professional indemnity insurance amidst COVID-19 pandemic

The Financial Conduct Authority (“FCA”) requires all regulated firms to take out and maintain professional indemnity insurance (“PII”) to cover the financial losses that may be suffered as a result of customer claims and complaints against the firm. The FCA also mandates limits of indemnity for the PII.… Continue Reading

Inside FCA Podcast: What does Cyber Resilience and Security mean for Firms?

On 18 March, The FCA published the transcript to their recent podcast on cyber resilience and security for firms. With more and more financial services moving online, such as online banking, being cyber resilient is becoming increasingly important. With FCA sandbox initiatives for new technology and joint initiatives between the FCA and the ICO it … Continue Reading
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