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FCA consultation paper on discretionary commission models and commission disclosure

1. FCA Final Report on Motor Finance In March 2019, the FCA published its Final Report on motor finance. Our briefing note on the Final Report can be found Full Article



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Fixed charge receivers can now obtain possession against individual mortgagors

Kavesseri Menon and Beena Menon –v- Nathan Pask and Rosalind Goode (as joint fixed charge Receivers) [2019] EWHC 2611(ch) Summary: The High Court recently provided much needed clarity on the previously unanswered question of whether Receivers ...




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Court refuses to interfere with FOS’s decision-making on PPI complaint

Summary The High Court has recently handed down its judgment in R (Critchley) v Financial Ombudsman Service and two others [2019] EWHC 3036 (Admin).  The applicant, Mrs Critchley sought to challenge FOS’s rejection of her PPI complaint on...




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Complaint Handling Update

New dispute resolution service for SMEs Background In March 2018, UK Finance commissioned an independent review into the complaints and alternative dispute resolution landscape for the small and medium sized enterprises market in the UK.  An in...




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Supreme Court brings clarification on non-party costs orders for liability insurers

Summary: The Supreme Court handed down its long anticipated judgment in the case of Travellers Insurance Company Limited v XYZ [2019] UKSC 48 on 31 October 2019. The appellant, Travelers Insurance Company Limited (“Travelers”) was succes...




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Fifth Money Laundering Directive implemented in the UK

On 20 December 2019, the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (“MLR 2019”) were laid before Parliament.  The MLR 2019 gives effect to the EU Fifth Money Laundering Directive[1]



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The use of threshold variations when seeking a defence against money laundering

In November 2019 the National Crime Agency (NCA) published its annual Suspicious Activity Reports (SAR) Report for 2018/2019 (the Annual Report). The Annual Report focused on the continued year-on-year uplift in the overall number of SARs, and in pa...




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Culture and conduct: a new year’s resolution

Jonathan Davidson, Executive Director of Supervision, Retail and Authorisations at the FCA, has written to CEOs of insurers concerning non-financial misconduct in wholesale general insurance firms. Davidson reminds firms of the FCA’s clear exp...




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Cryptocurrency AML Regulation: 10 January 2020 Regime

As part of the UK Governments’ ongoing programme to implement the European Union’s Fifth Money Laundering Directive (5MLD) in UK law, the FCA will begin supervising Anti Money Laundering and Countering Financing of Terrorism (AML/CFT) co...




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An overview of the Enforcement of Judgments Office – Northern Ireland

1.       What is the Enforcement of Judgments Office? The Enforcement of Judgments Office (the “EJO”) is a public body responsible for enforcing judgments in Northern Ireland. This contrasts to the system in...




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High Court reaffirms tests for (i) a non-disclosure order and (ii) setting aside a without notice order due to non-disclosure

United Kingdom Independence Party Limited v Richard Braine and others [2019] EWHC 3527 (QB) Facts of the Case This decision relates to: 1. applications by the Claimant (“UKIP”) for orders (a) continuing until trial an interim non-disclos...




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Complaint Handling Update

New dispute resolution service for SMEs In our last Complaint Handing Update, we set out information on a new independent organisation known as The Business Banking Resolution Service (BBRS) w...




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Court of Appeal finds that injunctions against “persons unknown” can (i) be framed by reference to a defendant’s intention and (ii) prohibit lawful conduct

Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] EWCA Civ 9 Background In Boyd v Ineos Upstream Ltd...




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High Court delivers reminder that search orders are intended to preserve documents and not (without specific provision) provide early disclosure

TBD (Owen Holland) Ltd v Simons & Ors [2020] EWHC 30 (Ch) Background A search order is one of the most draconian orders that the English courts can make, allowing an applicant – where there is a real possibility that a respondent may destroy o...




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Developing purposeful cultures in the financial services sector

The FCA recently published a discussion paper on transforming culture in financial services. The paper is a collection of short essays by industry leaders, professional bodies and culture experts and is aimed at helping firms to develop and emb...




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Coronavirus: FCA issues guidance on repossessions during COVID-19 “social distancing” period - UK

On Friday 20 March 2020 the FCA issued guidance to supplement the government’s recent pledges of support for mortgage customers.  In this article we: summarise the key guidance relating to payment holidays and repossessions highlight tha...




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More updates needed to your scheme’s statement of investment principles

Unexpectedly, the Government has issued regulations which will require trustees to make further changes to their Statement of Investment Principles (SIP) from 1 October 2020. They will also require additional disclosures in relation to investment pr...




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What do pension schemes need to say about ESG, climate change and stewardship?

Trustees and providers of pension schemes face ever increasing and changing legal duties to have policies on and disclose how they deal with stewardship and environmental, social and governance (ESG) issues. This article pulls the new rules together...




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The CMA’s Final Order following its IC and FM market investigation - long read

On 10 June 2019, the Competition and Markets Authority (CMA) gave notice that it had made its Final Order following its market investigation into the investment consulting (IC) and fiduciary management (F...




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The CMA’s Final Order following its IC and FM market investigation

On 10 June 2019, the Competition and Markets Authority (CMA) gave notice that it had made its Final Order following its market investigation into the investment consulting (IC) and fiduciary management (F...




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Public Sector Pensions Speedbrief: Supreme Court refuses Government permission to appeal in public sector age discrimination cases

It has been reported that on 27 June 2019, the Supreme Court denied the Government’s request for permission to appeal against the Court of Appeal’s decision in the cases of McCloud and Sargeant regardi...




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UK Pensions agenda - July 2019

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Spruce up your scheme

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Pensions investment newsletter

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Speedbrief: The Pension Schemes Bill – was it worth the wait?

Eighteen months ago, the Government published a white paper on protecting DB pension schemes.  This was followed by consultations on a variety of matters, including a stronger Pensions Regulator, the introduction of collective defined contribut...




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Pensions Agenda - October 2019

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Improving communications with DC members

The Government issued a consultation paper last week exploring how to improve the annual statement that all occupational and personal pension schemes are required to provide to DC members in order to increase member engagement and understanding. The...




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Pension dates in December

Although it’s nearing Christmas, it’s not quite time for trustees and sponsors to down tools yet. There are still some things to think about this year and some key pensions dates in December. (And we’re not even talking about the g...




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Global Pensions Agenda - December 2019

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Cases for Christmas – some last minute pension treats

The run-up to Christmas has seen a couple of important legal cases for pension schemes. Neither should spoil your Christmas celebrations, but they’re worth knowing about for 2020! Limits on PPF protection The European Court has reached a decis...




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UK Pensions Agenda - January 2020

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Time to pay one’s DEWS

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PPF Levy 2020/21: deadlines are approaching

In December 2019 the PPF published its final levy rules for 2020/21, together with accompanying documents. There are few changes to the rules compared to the previous levy year, and they are broadly in line with the proposals set out in the PPF’s co...




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Trusteeship and accreditation: where are we now?

This speedbrief outlines the current state of play on some important issues relating to trusteeship, following on from the Pensions Regulator’s Future of trusteeship and governance consultation response this month and recent ind...




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Consultation on the Pensions Regulator’s new DB Funding Code - What you need to know

The Pensions Regulator has published the first of its long awaited consultations on a new DB Funding Code. This consultation covers the principles underpinning the Regulator’s approach. A second consultation will follow later in the ...




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Coronavirus: what pensions steps should you take now? - UK

The speed and size of the impact of Covid-19 on the UK is stunning – we now see businesses closing, stock markets falling and much of the population staying at home. There’s so much to take in - this speedbrief will help you understand t...




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Coronavirus - The Pensions Regulator’s guidance on COVID-19 - UK

The Pensions Regulator recognises that these are “unprecedented times” and that trustees and employers are facing significant and complex challenges across a range of issues including administration, investment, funding and employer cove...




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Coronavirus - Pensions and COVID-19 - Netherlands

Most people will be reluctant to consider the possible consequences for retirement, in respect of the COVID-19 outbreak. However, this is not justified. As more and more people in the Netherlands are becoming infected with the virus and are adv...




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Coronavirus Job Retention Scheme: key pensions issues - UK

On Thursday 27 March, the UK Government released fuller details of the new Coronavirus Job Retention Scheme (or “Furlough Scheme”) first announced on Friday 20 March, with guidance being published for both employers and Full Article



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Coronavirus – podcast on implications for pensions – UK

In the latest edition of our "Barker's Dozen" 13-minute pensions podcast series, François Barker and two partners explore the coronavirus outbreak and its implications for UK pensions. We will follow this podcast with a series ...




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Coronavirus - Pensions webinar series - UK

COVID-19 has changed the legal and practical ground rules for pensions and employment – certainly in the short term and quite possibly over the longer term too. In our series of pensions webinars, our team will help you navigate the ...




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Pensions Regulator’s expectations on funding and communications in a crisis

The Pensions Regulator has issued its 2020 annual funding statement which provides more guidance for plans going through a valuation process and new Full Article



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Coronavirus - Litigation during lockdown – South Africa

Litigation can continue during lockdown – subject to certain provisons contained in the directions (“the Directions”) published by the Minister of Justice and Correctional Services, in Government Gazette – No 11066 on 26 Marc...




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Coronavirus - Compliance risks for companies under the Infection Protection Law - Germany

I. Introduction The Covid-19 pandemic poses new challenges to society as a whole and to each individual. The rapid spread of the virus is currently prompting political decision-makers to react just as quickly by developing and adopting new measures...




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Lack of costs advice or estimates results in solicitors’ invoice being heavily reduced

Dunbar v Virgo Consultancy Services Limited [2019] EWHC B12 (Costs) Mr Dunbar instructed law firm Virgo Consultancy to assist a Greek legal team with a defence of his son, in a serious criminal offences action brought against him in Crete. A deposit...




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What is your entitlement to interest?

Louise Hoyle considers the Court’s current approach to interest on costs and how parties can maximise and mitigate interest payments. At a time when interest rates continue to be low, receiving interest on unpaid legal costs at 8%, the rate se...




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What happens on an assessment of costs when a costs management order has been made

With a few exceptions, costs budgeting applies to the majority of part 7 multi-track matters. Once the costs budget is agreed between the parties, approved by the court or a costs management order has been made, what is the position upon an assessme...




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COVID 19 and the critical role of managers in supporting wellbeing in the workplace

The COVID 19 pandemic has brought mental health and wellbeing to the fore in many organisations. These issues have become more prominent across workplaces in recent years but we are now facing unprecedented challenges of supporting distributed workf...




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Protecting companies from Coronavirus crime and fraud

Protecting companies from Coronavirus crime and fraud Whilst our communities, including the business community, are pulling together like never before to protect the country and the National Health Service from the Coronavirus outbreak, fraudsters a...




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Coronavirus - Webinar - Listen again - In-depth insights and practical advice regarding Force Majeure, Frustration and reconsidering Commercial Contracts – UK

Listen as our panel answer some of the most common questions clients have asked us over recent weeks as well as digging into more detail around how your business should proceed with specific legal and technical challenges. A recording of the session...