After initial scepticism, Crypto is making its way into the UK regulatory perimeter. In the sixth episode of the FSR Brief, Jon Ford and Michael Tan are joined by Chris Ninan and Elizabeth Stephens to discuss the road to regulation, with a focus on the recently published statutory instrument from the UK Government, and the FCA's "DP25/1: Regulating cryptoasset activities".

We explore how the Government and the FCA propose to balance the promotion of growth of the Crypto industry with the need to protect consumers.

This episode supplements the podcast by our FSR advisory team on the Top 3 Takeaways from the new Crypto Rules, and the blog post about the draft rules.

In this edition of our banking litigation podcast, we discuss and debate some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Ariel Wiebe.

You can also listen on Apple, Spotify, Buzzsprout and SoundCloud, and find links to our blog posts on the cases covered in this podcast below:

• Court of Appeal confirms that dishonesty is essential ingredient in half-secret commission claims
• High Court confirms 5,800 motor finance claimants can use omnibus claim forms and do not need to issue separate claim forms
• High Court confirms no novel "retrieval" duty owed by receiving banks to non-customers
• High Court rules in favour of APP fraud victims in "derivative" action against PSP for breach of so-called Quincecare duty
• Banking litigation podcast episode 51: Quincecare special – March 2025
• High Court finds Letter of Comfort creates binding guarantee and Ralli Bros principle not engaged where foreign illegality arises from failure to seek regulatory permission
• Asymmetric jurisdiction clauses: CJEU finds jurisdiction clause in favour of EU courts may be valid despite giving one party greater choice
• Hedging: where is the dividing line? 
• Biannual Banking Litigation Update (Spring 2024)

Don't forget to subscribe to the banking litigation blog.

As part of Government's relentless drive to grow the economy, regulators have been challenged on how they can support the growth agenda. In Episode 5 of the FSR Brief, Jon Ford and Michael Tan are joined by Jenny Stainsby and Tim Parkes to discuss how this is playing out in Financial Services, and how regulators are responding. At the same time as going "God on Growth", the FCA has fired up the debate about where the balance should lie between consumer protection and risk taking, and where the "sweet spot" lies between over and under regulating.

The UK Financial Conduct Authority (FCA) has announced its decision to drop its controversial proposals published last year to name firms it is investigating at an early stage and before any findings of misconduct have been made (sometimes referred to as 'name and shame'). In this episode of the FSR Brief, Jon Ford and Michael Tan discuss the announcement and key outstanding questions and reflect on the FCA's consultation process and decision to ultimately reverse track.

Read more on our blog post.

In this SPECIAL EDITION of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments – the so-called Quincecare duty of care. This episode is hosted by John Corrie, who is joined by Ceri Morgan and special guests Jenny Stainsby and Scott Warin.

The English courts continue to grapple with payment processing claims brought by both victims of authorised push payment (APP) fraud and companies subject to an internal fraud by an authorised signatory who has gone rogue.  While the seminal Supreme Court decision in Philipp v Barclays [2023] UKSC 25 recalibrated the payment processing duties owed by banks, court guidance is still needed on what is required to meet the requisite standard on a case-by-case basis, and claimants continue to explore novel causes of action. Alongside numerous civil claims working their way through the courts, the Payment Systems Regulator has introduced the UK's APP fraud reimbursement scheme. In our latest podcast, we explain the current state of payment processing claims in a post-Philipp v Barclays world, offering insights into this rapidly changing area of law.

You can find links to our blog posts on the cases covered in this podcast below:

• Payment processing risks in a post-Philipp v Barclays world
• Facing into the UK's APP Fraud Reimbursement Requirement
• The Supreme Court's judgment in Philipp v Barclays: key takeaways for financial institutions executing customer payments
• High Court dismisses Quincecare duty claim giving guidance on the scope and nature of the duty
• Supreme Court upholds first successful claim for breach of the so-called "Quincecare" duty of care 
• Court of Appeal judgment on scope and exclusion of 'Quincecare' duty of care
• Latest APP fraud claim against receiving PSP: High Court refuses to strike out claim for unjust enrichment
• High Court considers novel APP fraud "retrieval duty" claim against both sending and receiving PSPs

Please subscribe to the podcast channel here to listen to our regular bite-sized broadcasts covering both litigation and regulatory developments for banks and other financial institutions.

In this third episode of the FSR Brief, Jon Ford, Hywel Jenkins, Michael Tan and Elizabeth Stephens explore the FCA and FOS' recent Call for Input (CFI) on 'Modernising the Redress System'. They discuss the key aims of the CFI, current issues seen within the redress framework and suggest potential areas of reform to ensure the redress system works for stakeholders across the financial services industry.

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Sarah Penfold.

You can find links to our blogs on the cases covered in this podcast below:

• High Court finds lenders' exercise of contractual right to demand loan repayment is not subject to implied Braganza duty
• Court of Appeal rejects attempt to bring securities class action using CPR 19.8 representative action as an "opt-in" procedure
• High Court refuses to allow representative action to be brought on behalf of copyright owners in IP case
• High Court considers whether "success fee" is payable by client to investment bank in respect of capital raise
• High Court orders commercial parties to mediate shortly before trial
• Commercial Court declares arbitral tribunal lacks jurisdiction following bank's invocation of asymmetric option clause
• Motor Finance: Where are we and where next?
• Insight Alert: Global FSR Outlook 2025 – Perpetual Motion

Don't forget to subscribe to the banking litigation blog.

It’s the second episode of the FSR Brief and this time the subject is the ongoing motor finance commissions saga. Jon Ford, Michael Tan, and Jack Moore discuss what the FCA has been up to, what is going on with its review into the industry, the links to claims due to be heard in the Supreme Court, and what might happen next. 

For background on motor finance commission, read our November 2024 note.

In this first episode of the FSR Brief, Jon Ford and Michael Tan discuss the latest developments with the Financial Conduct Authority's (FCA) consultation on transparency in investigations (CP24/2 Part 2). They discuss whether the changes to the FCA's "Public Interest Framework" go far enough to address the significant concerns raised in relation to the FCA's proposal to name firms under regulatory investigation.

In this FESTIVE SPECIAL edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Mark Tanner, Harriet Tolkien, Scott Warin, Catherine Bagge, Ariel Wiebe and Nora van Meerwijk.

You can find links to our blogs on the cases covered in this podcast below:

• High Court considers first LIBOR cessation test case: key implications for financial institutions
• High Court rejects "price/market reliance" for s.90A and Schedule 10A FSMA claims
• Court of Appeal finds lenders liable in motor finance broker commission cases
• High Court highlights four distinct categories of control in "ownership and control" test under UK sanctions regulations
• Trial witness statements: High Court decisions highlight importance of compliance with Practice Direction 57AC
• Dutch Court of Appeal upholds appeal on landmark climate litigation case against Shell
• Representative actions under CPR 19.8: Settlement means key questions on funding and damages will have to wait
• Civil Justice Council publishes Interim Report and Consultation on Litigation Funding
• Class Actions radar: Scanning global trends and risks
• 2024 Global Bank Review - Adaptation: Change is the only constant
• The potential impact of the new UK Listing Rules on securities litigation

Don't forget to subscribe to the banking litigation blog.