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8 mag 2026
Insight
Global
Join the experts in our Financial Services Regulatory team as they break down, episode by episode, the hottest topics impacting the world of Financial Services Regulation.
Latest Episode
Episode 12: PRA Enforcement in action
It has been a busy time for the Prudential Regulation Authority ("PRA") Enforcement team. In two firsts for the PRA, its decision against U K Insurance Ltd saw the first reported use of the Early Account Scheme leading to a settlement discount of 50%, and the decision against Bank of London Group Limited and Oplyse Holdings Limited involved the first breach of Fundamental Rule 1 by a firm. In this episode of the FSR Brief, Jon Ford, Michael Tan and Emma Bridgeman discuss these recent cases by the PRA and what they signal to firms about the PRA's approach when it comes to early settlement and integrity findings. For more on the Early Account Scheme, read our blog post on the UK Insurance Limited case.
ALL EPISODES
Episode 1: The FCA's changed proposals to name firms under investigation: have they done enough?
In this first episode of the FSR Brief, Jon Ford and Michael Tan discuss the latest developments with the Financial Conduct Authority's (FCA) consultation on transparency in investigations (CP24/2 Part 2). They discuss whether the changes to the FCA's "Public Interest Framework" go far enough to address the significant concerns raised in relation to the FCA's proposal to name firms under regulatory investigation.
Episode 2: Motor Finance: Where are we and where next?
It’s the second episode of our FSR Brief and this time the subject is the ongoing motor finance commissions saga. Jon Ford, Michael Tan, and Jack Moore discuss what the FCA has been up to, what is going on with its review into the industry, the links to claims due to be heard in the Supreme Court, and what might happen next.
For background on motor finance commission, read our November 2024 note.
Episode 3: If it's broken, how do you fix it? Consumer Redress and the Call for Input
In this third episode of our FSR Brief, Jon Ford, Hywel Jenkins, Michael Tan and Elizabeth Stephens explore the FCA and FOS' recent Call for Input (CFI) on 'Modernising the Redress System'. They discuss the key aims of the CFI, current issues seen within the redress framework and suggest potential areas of reform to ensure the redress system works for stakeholders across the financial services industry.
For further background and insight to the CFI, read our blog post.
Episode 4: FCA reversal on transparency in investigations – a welcome outcome
The UK Financial Conduct Authority (FCA) has announced its decision to drop its controversial proposals published last year to name firms it is investigating at an early stage and before any findings of misconduct have been made (sometimes referred to as 'name and shame'). In this episode of the FSR Brief, Jon Ford and Michael Tan discuss the announcement and key outstanding questions and reflect on the FCA's consultation process and decision to ultimately reverse track.
For further background read our blog post.
Episode 5: Financial services and the growth agenda – a sword and shield
As part of Government's relentless drive to grow the economy, regulators have been challenged on how they can support the growth agenda. In Episode 5 of the FSR Brief, Jon Ford and Michael Tan are joined by Jenny Stainsby and Tim Parkes to discuss how this is playing out in Financial Services, and how regulators are responding. At the same time as going "God on Growth", the FCA has fired up the debate about where the balance should lie between consumer protection and risk taking, and where the "sweet spot" lies between over and under regulating.
Episode 6: The road to Crypto regulation
After initial scepticism, Crypto is making its way into the UK regulatory perimeter. In the sixth episode of the FSR Brief, Jon Ford and Michael Tan are joined by Chris Ninan and Elizabeth Stephens to discuss the road to regulation, with a focus on the recently published statutory instrument from the UK Government, and the FCA's "DP25/1: Regulating cryptoasset activities".
We explore how the Government and the FCA propose to balance the promotion of growth of the Crypto industry with the need to protect consumers.
This episode supplements the podcast by our FSR advisory team on the Top 3 Takeaways from the new Crypto Rules, and the blog post about the draft rules.
Episode 7: Concluding the saga – changes to transparency in investigations and the enforcement guide
On 3 June 2025, the FCA published PS25/5 which included the final version of its updated Enforcement Guide. In Episode 7 of the FSR Brief, Jon Ford and Michael Tan discuss the key changes to the FCA's approach to transparency in relation to investigations and the other changes to the Enforcement Guide, and how these may play out in practice. For an overview of the changes, read our blog post on PS25/5.
Episode 8: Non-Financial Misconduct – more questions raised than answered?
On 2 July 2025, the FCA published Consultation Paper 25/18, "Tackling non-financial misconduct in financial services", comprising both a Policy Statement and final rules, together with further consultation on the revised guidance proposed for the FCA Handbook. It has taken the FCA considerable time to reach this phase in the development of its NFM policy, and there has been significant change from its original proposals in CP23/20. Even with further clarity and guidance from the FCA, this undoubtedly remains one of the most difficult areas for firms to grapple with. Join Jon Ford, Hywel Jenkins, Christine Young and Michael Tan as they discuss CP25/18 and consider whether it raises more questions than it answers.
Episode 9: Motor Finance redress proposal – beginning of the end?
The FSR Brief is back following an extended summer break, and top of the agenda is the FCA's proposal for a redress scheme which seeks to draw a line under the long running saga around the disclosure of motor finance commission. Jon Ford, Michael Tan, and Jack Moore discuss the scope of the scheme, what firms should be thinking about and what this means for the FCA's approach to redress more generally.
For a high level view, you can read our summary of the FCA's proposal. For the full background, you can catch up on our previous FSR Brief podcast on motor finance from January 2025, and the special edition of Banking Litigation podcast covering the Supreme Court's decision in August 2025. Our views on the FCA's consultation on the approach to redress more generally can be found on our blog.
Episode 10: Naming firms under investigation in "exceptional circumstances" put to the test in Judicial Review
The High Court issued judgment (in two parts) dismissing a Claims Management Company's judicial review application against the FCA. The judicial review sought to quash the FCA's decision to identify the firm in its announcement regarding the commencement of an investigation. Jon Ford, James Wood, and Michael Tan discuss the judgment and what it has to say about the "exceptional circumstances" test that the FCA will apply when deciding whether to identify firms under investigation. The judgment can be found here (Part 1) and here (Part 2) and our blog post on the judgment can be found here.
Episode 11: Breach of Principle 1 – Banque Havilland vicariously liable for senior employees’ lack of integrity
On 3 February 2026, the Upper Tribunal handed down its judgment finding, among other things, that Banque Havilland had breached Principle 1 of the FCA’s Principles for Businesses (the requirement to conduct business with integrity), on the basis that the firm was vicariously liable for the actions of its senior employees. In Episode 11 of the FSR Brief, Jon Ford, Kate Meakin and Izzy Salzedo discuss the Upper Tribunal’s exploration of vicarious liability and agency law as a novel route to establishing a breach of Principle 1, and consider questions of liability and attribution from both a corporate crime and financial services regulatory perspective. The discussion also touches on the Upper Tribunal’s more generous approach to penalty and mitigation when compared with the FCA’s decision.
For further background read our blog post.
Episode 12: PRA Enforcement in action
It has been a busy time for the Prudential Regulation Authority ("PRA") Enforcement team. In two firsts for the PRA, its decision against U K Insurance Ltd saw the first reported use of the Early Account Scheme leading to a settlement discount of 50%, and the decision against Bank of London Group Limited and Oplyse Holdings Limited involved the first breach of Fundamental Rule 1 by a firm. In this episode of the FSR Brief, Jon Ford, Michael Tan and Emma Bridgeman discuss these recent cases by the PRA and what they signal to firms about the PRA's approach when it comes to early settlement and integrity findings. For more on the Early Account Scheme, read our blog post on the UK Insurance Limited case.
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Legal Notice
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026
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