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19 July 2018 / Michel Reznik
Issue: 7802 / Categories: Features , Regulatory , Banking , Commercial
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Financial Services Tribunal: for justice, for regulatory clarity (Pt 3)

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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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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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