Articles by author
Private credit: growing regulatory concerns and the risks for financial institutions – Part 1: regulatory risks
Private credit has grown into a major source of financing, but its rapid expansion has attracted increasing regulatory scrutiny. Recent reports from the Financial Stability Board, International Organization of Securities Commission and the House of Lords identify concerns relating to leverage, opacity, interconnectedness and liquidity within the sector. This is the first article in a series of two, considering the regulatory and litigation risks arising in the sector. In this first article, focusing on the regulatory risks, we examine how these vulnerabilities, particularly borrower credit quality and valuations, liquidity mismatch and concentration risk, may affect financial institutions. We highlight the growing links between private credit, private equity, insurers and banks, and explore the legal and regulatory risks that may arise if these vulnerabilities crystallise during a period of prolonged market stress. Our second article will consider the growing litigation risks for financial services firms.
26 SEP 2026Behind the Synthetic Capital Relief: understanding the litigation risk landscape
While synthetic capital relief transactions have not yet been the subject of reported litigation, their increasing use and structural complexity creates scope for disputes. In this article we examine the main areas of potential contention and consider the practical measures available to market participants to reduce the scope for disputes.
25 JUN 2026Increasing use of AI in financial services: managing the regulatory and litigation risks
The financial services sector is at the forefront of the AI revolution. In this article, we examine: (i) the approach to AI regulation in the sector; (ii) regulatory risks arising; (iii) possible litigation risks; and (iv) the practical steps that firms can take to mitigate such risks.
22 MAY 2026Referral to the Upper Tribunal: worth the risk?
The authors consider recent decisions in which the Upper Tribunal has closely scrutinised FCA penalty calculations and reduced fines. They consider the implications for firms and the regulator.
4 MAY 2026Money laundering through the markets: enhancing financial crime systems and controls for wholesale firms and trading venues
In this In Practice article the authors consider the Financial Conduct Authority’s 2025 review of money laundering through the markets.
6 MAY 2025CP24/2: a comparison with other International Financial Centres
On 27 February 2024, the Financial Conduct Authority (FCA) published CP24/2: Our Enforcement Guide and publicising enforcement investigations – a new approach, which sets out a proposal that would see the regulator publicly announce the opening and progress of investigations, and other proposed changes to simplify the FCA’s Enforcement Guide (EG). We consider the FCA’s proposed approach to publicising information about ongoing investigations through the lens of the FCA’s secondary “international competitiveness” objective by comparing the proposal with other major international financial centres.
30 APR 2024When AI meets the Consumer Duty
Artificial intelligence (AI), with its power to process large volumes of data, can provide more personalisation of financial products and services for consumers at greater scale and efficiency, and at lower cost. It can, in principle, enable firms to provide better support for vulnerable customers (for example, to consumers without standard credit histories, or through the use of simplified advice). All this could help to advance the FCA’s desired outcome of increased access through greater financial inclusion.1 This In Practice article considers the recent Discussion Paper to foster debate on this issue.
1 DEC 2022
