Articles by author
The proposed reforms to the financial promotions regime for consumer credit: a move to an outcomes-based approach
The overarching requirement that financial promotions must be “fair, clear and not misleading” remains unchanged. However, firms will have greater discretion in how they meet this standard, with less reliance on detailed CONC rules and more emphasis on their own judgement. In practice, compliance will increasingly be assessed by reference to whether communications deliver good consumer outcomes – particularly in terms of consumer understanding under PRIN 2A.5. This In Practice article reviews the key changes.
26 JUL 2026Is “name and shame” here to stay? Court dismisses challenge to FCA’s decision to publicly name
In this In Practice article the authors consider R (CIT (an anonymised company)) v Financial Conduct Authority (No.1) [2025] EWHC 2614 (Admin), and R (on the application of Claims Protection Agency Ltd) v Financial Conduct Authority (No. 2) [2025] EWHC 2615 (Admin) in which the High Court upheld the Financial Conduct Authority’s decision to name a regulated firm as the subject of an investigation.
8 FEB 2026Court of Appeal decision on Motor Finance: lenders’ secondary liabilities
There has been significany commentary following the Court of Appeal's decision in Johnson v FirstRand Bank LTD [2024] EWCV Civ 1282 regarding liability for undisclosed motor finance commissions. This is not surprising given the unexpected nature of the decision, its impact on the motor finance industry, and potential to impact other industries which use intermediaries remunerated by commissions from product providers. The decision will be reviewed by the Supreme Court in April.
This In Practice article examines the Court of Appeal’s approach to the lenders’ secondary liability for a credit broker’s breach of fiduciary duty, which we consider is ripe for criticism by the Supreme Court.
