In Practice
175
Is “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.
08 February 2026Acquisition documents: overview of lender considerations
In acquisition financings, it is established practice for lenders to carry out a detailed review of the acquisition documents, which are most often a condition precedent to funding. The review forms part of a lender’s due diligence process on the acquisition structure and the target being acquired. This article examines the key issues a lender should consider when reviewing acquisition documents in connection with financing the purchase of shares in an English private company.
08 February 2026The shifting focus of regulatory intervention: from enforcement to assertive supervision
We examine the Financial Conduct Authority’s evolving approach, with an apparent shift from the widespread use of enforcement investigations to the increasingly interventionist use of various supervisory tools.
08 February 2026Cryptocurrency custody insolvency: why it remains so complex
Lawyers often call matters “highly complex”, and cryptocurrency custodian insolvency genuinely earns that label. Foundational questions remain unsettled: the legal nature of the asset (proprietary interest or mere contractual right), its situs, governing law, and the application of conflicts rules even before consideration of the applicable custody arrangements – all against a backdrop of evolving technology and fragmented, catch‑up regulation in an AI‑accelerated world.
11 January 2026A step-up in regulatory support for UK fund tokenisation
The UK Financial Conduct Authority’s (FCA’s) October 2025 consultation (CP25/28), Progressing Fund Tokenisation , forms part of a broader push to harness digital innovation in financial services, in line with the UK government’s Wholesale Financial Markets Digital Strategy (July 2025) and post-Brexit regulatory reforms. In this In Practice article we unpick some of the benefits and challenges of the FCA’s latest pro-innovation proposals.
11 January 2026Strong and simple: a new capital regime for small UK banks and building societies
The UK has almost finalised its new so-called “strong and simple” capital regime for small UK banks and building societies (small domestic deposit takers (SDDTs)). The premise is to provide a regime that is more proportionate for their size and scale of operations, whilst maintaining resilience. In this In Practice article the author sets out the core elements of the near-final SDDT capital regime.
11 January 2026Motor finance: the FCA’s powers, and what the future might hold
The recent redress reforms from HM Treasury, the Financial Conduct Authority (FCA), and the Financial Ombudsman Service (FOS) were first raised in a Call for Input in November 2024, followed by consultations on specific proposals in July 2025. These reforms aim to bring greater consistency to the redress system, including enabling earlier intervention by the FCA and closer alignment to its rules. Both of the Chancellor’s Mansion House speeches to date highlight the uncertainty the current redress framework creates which poses a risk to economic growth. An acute live example of this is motor finance commission. This article examines how the FCA has used its statutory powers under the Financial Services and Markets Act 2000 (FSMA) in its proposed motor finance redress scheme, published in October 2025, and considers how these powers might be affected by the proposed reforms to the redress framework.
22 November 20252025: Was consultation involvement key to avoiding regulatory divergence?
In this In Practice article, Charlie McGarel-Groves and Kate Patane reconsider whether consultation by regulators has been effective in encouraging regulatory alignment and avoiding divergence between the EU and UK securitisation frameworks.
22 November 2025Practical considerations for data protection and cybersecurity when deploying AI
The adoption of AI is accelerating across the UK financial services sector. Accordingly, institutions must navigate a complex landscape of regulatory expectations, technological risks and ethical responsibilities. The goal is to remain agile, while aligning with core compliance requirements.
22 November 2025The transfer of receivables in cross-border fintech securitisations: key considerations for originators
Fintech lenders expanding into new jurisdictions may look to securitisation to grow their loan book and expand their distribution. This In Practice article focuses on one issue that arises on cross-border securitisation transactions: the transfer of the receivables from the originator to the issuer. The flexibility these businesses require makes these considerations particularly relevant for fintech securitisations compared to others (such as RMBS backed structures) which may only fund receivables from one or two jurisdictions.
22 November 2025
