Reform – UK

A slow start to enforcement activity under the UK SMCR

Sarah Hitchins

Attempts made by the UK Financial Conduct Authority (the FCA) to reassure the industry that the UK Senior Managers and Certification Regime (the SMCR) is not ‘all about enforcement’ have been met with some scepticism. However, that scepticism may have been misplaced, in light of the latest figures from the FCA regarding the number of Senior Read More

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Hard lessons from the English court on legal professional privilege

Stacey McEvoy

​Financial institutions engaged in cross-border business are increasingly at risk of being caught in the middle of a complex web of internal, regulatory and criminal investigations as well as civil litigation and employment claims when something has gone wrong. These may be conducted simultaneously or at different times, but they will often arise out of Read More

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A&O SMCR reflections: Don’t overlook these things when considering employee conduct and performance issues

Sarah Hitchins

A lot of time has been spent by some firms managing conduct and performance issues under the UK Senior Managers and Certification Regime (the SMCR) over the past 15 months. In our second blog post looking at these issues (the last one is available here), we highlight key areas that firms should not lose sight Read More

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A&O SMCR reflections: Managing conduct and performance issues

Sarah Hitchins

The UK Senior Managers and Certification Regime (the SMCR) has been in force now for well over a year. What challenges have firms have been facing? What are the issues that have caused firms most concern? In the first of a series of blog posts, we will be looking at issues that firms have been Read More

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Collective class actions: is it easier for claimants to establish harm in follow on actions?

Blair Keown

The Consumer Rights Act 2015’s (the Consumer Rights Act) introduction of a regime in the United Kingdom (UK) for opt-in and opt-out collective proceedings has been well publicised. The availability of a procedural mechanism through which private competition law claims can be pooled and pursued by an authorised representative may well heighten the litigation risk Read More

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