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Financial Services Tribunal: for justice, for regulatory clarity (Pt 3)

19 July 2018 / Michel Reznik
Issue: 7802 / Categories: Features , Regulatory , Banking , Commercial
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Michel Reznik negotiates the tightrope of financial regulation & concludes with regulatory clarity

  • A Financial Services Tribunal with jurisdiction to produce authoritative decisions on the effect of regulation would help eliminate regulatory uncertainty, reduce compliance costs and maintain the UK’s reputation as one of the best-regulated markets in the world.

Financial regulation, like the politics which underpins it, began a transformation in 2008. Richard Samuel, barrister at 3 Hare Court, in the latest of his trilogy of articles in the Capital Markets Law Journal , characterises the change in this way. Before that date, financial regulators investigated irregularities apparent in the market and penalised transgressions where they found harm. Since 2008, regulators have not waited for irregularities or harm; they now require absolute compliance with their rules and fine firms who fall short. An increasingly burdensome series of regulations and rule-books have therefore become all the more onerous for firms because of the unforgiving way in which they are now policed. Post-2008 politics has sustained

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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