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Ombudsman decision – clarifying liability where there are delays in the pension administration process

Published on 13 Jan 2025. By Kerone Thomas, Associate

When delays occur in pension transfers, the implications for members can be significant—but how far does a provider’s responsibility extend? A recent determination by the Pensions Ombudsman in the case of Mr R offers important clarification. Whilst the Ombudsman recognised some administrative shortcomings, the decision reaffirmed that providers are not liable for all financial consequences arising from delays, particularly when those consequences result from a member’s own actions.

Acceptable levels of consumer harm – the FCA seek guidance in balancing risk with reward

Published on 30 Jan 2025. By Damien O'Malley, Associate

The chief executive of the Financial Conduct Authority (FCA), Nikhil Rathi, has called for the UK government to define an 'acceptable level of consumer harm' in response to the government's demand for reduced regulations.

Supreme Court upholds that fiduciaries must act with "single-minded loyalty toward their principals (or beneficiaries)"

Published on 22 Apr 2025. By Daniel Parkin, Associate and Zoe Melegari, Senior Associate

In Rukhadze and others v Recovery Partners GP Ltd and another [2025] UKSC 10, the Supreme Court unanimously affirmed the legal test for the account of profits rule (the Profit Rule).

Regulatory Radar: quick takes May 2025

Published on 12 May 2025. By Gavin Reese, Partner, Head of Regulatory

Welcome to the latest edition of our bi-monthly Regulatory Radar: quick takes update, which collates the latest developments from across the UK’s regulators.

6 April 2025 - date confirmed for UK consumer protection law regime overhaul

Published on 12 Mar 2025. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Hettie Homewood , Senior Associate

The Digital Markets, Competition and Consumers Act 2024 (DMCCA) is set to substantially overhaul the UK's consumer protection law and enforcement regime. We now know the date that key consumer protection and enforcement changes will come into force: 6 April 2025.

An update to the FCA's "polluter pays" framework – accountability for harm caused to consumers.

Published on 16 Jan 2025. By Faheem Pervez, Senior Associate

The Financial Conduct Authority (the FCA) has issued updated guidance on its "polluter pays" framework. In an update published on 14 January 2025, the FCA provided further information on the framework, which could lead to firms compensating consumers when they provide poor advice, products or services.

A new era for sustainability consumer products: the EU’s new Ecodesign for Sustainable Products Regulation (ESPR)

Published on 20 Nov 2024. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Sophie Parkinson, Associate

On 18 July 2024 the ESPR entered into force setting a framework for new ecodesign rules in the EU. It will have significant impacts for retailers and consumer brands selling products in the EU. It will introduce new minimum ecodesign requirements for specific product categories (with an initial focus on textiles), make digital product passports mandatory and set rules on the destruction of unsold products. Companies face the risk of fines, consumer claims and reputational damage for non-compliance.

Product liability and safety legislative refurb

Published on 05 Nov 2024. By Gavin Reese, Partner, Head of Regulatory and Sally Lord, Knowledge Counsel – Insurance and Litigation

The current legislation governing product safety is the General Product Safety Directive (GPSD), but its shortcomings, especially on tech, are evident.On 13 December 2024 the EU will be replacing the GPSD with the General Product Safety Regulation (GPSR), and the latest King’s Speech indicated it will be replaced in the UK by a Product Safety and Metrology Bill.Separately, EU Member States are rolling out a revised Product Liability Directive (PLD) which captures the provision of software, digital services and online marketplaces.

The EU Compliance headache you don't know you have? A priority primer on the European Accessibility Act

Published on 31 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Hettie Homewood , Senior Associate

It is now less than a year until the EU Accessibility Act (EAA) comes into force, which will require businesses to ensure a range of products (eg smartphones and computers) and services (eg e-commerce services, consumer banking services, and ebooks) are accessible for persons with disabilities.

Seeing the wood for the trees: preparing for new deforestation due diligence rules in the UK and EU

Published on 24 Oct 2024. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

A shifting landscape? The outlook for data regulation in 2023

Published on 09 Jun 2023. By Jon Bartley, Partner and Amy Blackburn, Senior Associate

With a relatively new Information Commissioner in the UK and a renewed focus on getting post-Brexit data protection laws through Parliament, attention is turning to the ICO’s priorities and how they fit into this new landscape.

Transitioning to a net zero economy

Published on 31 May 2023. By Rosamund Akayan, Senior Knowledge Lawyer and Connor Cahalane, Partner - Corporate

The TPT has published a draft disclosure framework and implementation guidance for private sector entities to transition to a net zero economy, making recommendations for companies and financial institutions to develop gold-standard transition plans.

CSRD: shakeup of the EU's sustainability reporting rules

Published on 25 May 2023. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Sarah Mountain, Partner and Connor Cahalane, Partner - Corporate

The EU’s new Corporate Sustainability Reporting Directive (CSRD) entered into force on 5 January 2023.

Deposit Return Scheme: Key considerations for drinks  producers and retailers in the UK

Published on 16 May 2023. By Jeremy Drew, Partner

Defra has now responded to its consultation on the introduction of a DRS in England, Wales and NI. The DRS will require retailers to charge a small fee on certain drinks containers sold, which consumers can reclaim if they return the container to a designated return point.

Going Green – staying on the right side of competition law

Published on 15 May 2023. By Melanie Musgrave, Of Counsel

Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.

New REUL? How will the Retained EU Law (Revocation and Reform) affect UK businesses?

Published on 09 May 2023. By Paul Joukador, Partner and Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality

When the Brexit transition period ended, so did the alignment of EU law with UK domestic law.

Casting your net zero ambitions: eight key steps for retailers

Published on 24 Nov 2022. By Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality and Kelly Thomson, Partner, ESG Strategy Lead and Ellie Gelder, Senior Editor Employment & Equality

With climate change at the forefront of the ESG agenda, the employment relationship, and the opportunities to engage with the workforce on this subject, are crucial ingredients in the quest to becoming a truly green retailer.

Extended producer responsibility for packaging: How to prepare

Published on 12 Oct 2022.

In the Spring 2022 edition of Retail Compass, we reported on the Government's consultation on regulations covering extended producer responsibility (EPR) which places the financial burden of dealing with packaging once it becomes waste on producers as opposed to taxpayers.

Where to next for Buy Now Pay Later?

Published on 12 Oct 2022.

On Monday 20 June 2022, HM Treasury responded to its consultation on proposals to extend regulation to unregulated Buy Now Pay Later (BNPL) products. This consultation closed in January 2022. The Treasury's response confirmed the scope of regulation will cover BNPL products and short-term interest free credit (STIFC) provided by third-party lenders.

Online Sales Tax: the right way forward?

Published on 12 Oct 2022.

On 25 February 2022, HM Treasury launched a consultation exploring the possible introduction of an online sales tax (OST) to address the imbalance resulting from the higher business rates applying to in store retailers, compared to online businesses. The consultation closed on 20 May 2022.

Greenwashing: UK regulators set their sights on misleading green claims with an increasing focus on sectors such as fashion retail and F&D

Published on 12 Oct 2022.

UK consumer regulators, the Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA), are ramping up their enforcement of green claims to protect consumers from 'greenwashing'

PLC QTRLY - Q2 2025

Published on 24 Jul 2025. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

Lawyers Covered - June 2025

Published on 30 Jun 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Sarah Herniman, Associate and Tom Butterfield, Associate and Victoria Lawman, Trainee Solicitor and Oliver Clarke, Trainee Solicitor

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

FRC overhauls Investor Stewardship Code for 2026

Published on 06 Jun 2025. By Daniel Parkin, Associate and Zoe Melegari, Senior Associate

On 3 June 2025, the Financial Reporting Council (FRC) published the UK Stewardship Code 2026 that will take effect from 1 January 2026.

FOS to consult on interest - Is 8% too high?

Published on 06 Jun 2025. By Hattie Hill, Associate

On 4 June 2025 the Financial Ombudsman Service (FOS) opened a consultation into the standard interest applied to its awards which has historically been applied at 8%.

Lawyers Covered - May 2025

Published on 30 May 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Alexandra Anderson, Partner and Katharine Cusack, Partner and Cecilia Everett, Partner and Helen Kerr, Senior Associate and Karl Shortman, Associate and Laura Sponti, Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

Lawyers Covered - April 2025

Published on 30 Apr 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tom Butterfield, Associate and Kerone Thomas, Associate and Simon Love, Senior Associate and Shanice Holder, Associate and Tom Wild, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

PLC QTRLY - Q1 2025

Published on 29 Apr 2025. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

Lawyers Covered: March 2025

Published on 01 Apr 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tom Butterfield, Associate and Kerone Thomas, Associate and Simon Love, Senior Associate and Shanice Holder, Associate and Tom Wild, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

FRC to back growth in a new three-year plan – impacting auditors, actuaries, and D&Os

Published on 24 Mar 2025. By Rachael Healey, Partner

FRC to Back Growth in a New Three-Year Plan – impacting auditors, actuaries, and D&Os The FRC has published its Strategy for 2025-2028 and its Annual Business Plan and Budget for 2025-2026, following a period of consultation and engagement with stakeholders. There are some key messages alongside the Strategy, Plan and Budget, with the FRC emphasising an intention to support UK economic growth and investment whilst serving the public interest through "smart, targeted and proportionate" regulation. The three-year strategy and annual budget allow the FRC to set out interim objectives whilst they prepare for the Government's draft legislation to modernise its statutory powers and ensure that they are fit for purpose.

Vehicle Finance Redress Scheme seems to be down the road

Published on 11 Mar 2025. By Thomas Spratley, Associate and David Allinson, Partner

In what could be the final chapter in the long running (or driving) vehicle finance saga, the FCA has announced that it is likely to consult on a redress scheme following the Supreme Court's anticipated decision in Jonson v FirstRand Bank Limited

Lawyers Covered - February 2025

Published on 26 Feb 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tom Butterfield, Associate and Kerone Thomas, Associate and Simon Love, Senior Associate and Shanice Holder, Associate and Tom Wild, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our February 2025 edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

The Year to Come – 2025 – Financial Services and Accountants trends and developments we expect to see in 2025

Published on 13 Feb 2025.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

Lawyers Covered - January 2025

Published on 30 Jan 2025. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Tom Butterfield, Associate and Kerone Thomas, Associate and Simon Love, Senior Associate and Shanice Holder, Associate and Tom Wild, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our January 2025 bumper edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

PLC QTRLY - Q4 2024

Published on 23 Jan 2025. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

Formalities – not so formal?

Published on 16 Jan 2025. By Rachael Healey, Partner

In two cases – one recent, one not so recent – the High Court looked at and got around formalities; (1) to find a claim in time for limitation purposes by concluding that an agreement had been executed as a deed and (2) by rectifying a signature block so that an amendment to a pension scheme's rules took place as intended. These cases potentially show the courts taking a more lenient approach to formalities and may assist in professional negligence claims arising where documents are considered invalid for failing to follow relevant formalities.

Is time up for the Shareholder Rule? High Court departs from the century-old principle

Published on 10 Jan 2025. By Matthew Watson, Partner and Melanie Redding, Senior Associate and Damien O'Malley, Associate

In a recent decision, the High Court departed from a century-old precedent in ruling that the so-called 'Shareholder Rule' – the principle that a company cannot assert privilege against its own shareholders save for communications regarding litigation between the company and the shareholder – does not exist in English law. Justice Picken, in making this departure, has significantly limited the circumstances in which a claimant shareholder may be able to obtain disclosure of privileged information.

Lawyers Covered - December 2024

Published on 19 Dec 2024. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Victoria Lawman, Trainee Solicitor and Richard Seymour, Associate and Robyn Crowter, Associate and Samantha Cresswell, Associate

What could be more festive than our December edition of Lawyers Covered – so here it is, a gift from the Lawyers Liability and Regulatory Group at RPC, to all of you, our lovely readers! And it’s a bumper edition with links to 3 full articles as well as our usual snippets. Happy holidays!

Money Covered: The Year That Was 2024 - Top 10 risks facing the financial sector

Published on 18 Dec 2024.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

Court of Appeal Confirms Occupational Pensions Are Shielded from Creditor Claims

Published on 12 Dec 2024. By Kristin Smith, Trainee Solicitor and Rachael Healey, Partner and Matthew Watson, Partner

The Court of Appeal has recently held that occupational pensions are protected from injunctions requiring them to be made available to creditors for enforcement purposes in the judgment of Manolete v White [2024] EWCA Civ 1418.

Liquidator granted permission to disclose bank statements to an assignee to pursue a cause of action

Published on 12 Dec 2024. By Zoe Melegari, Senior Associate and Daniel Parkin, Associate

The High Court has recently handed down its judgment in Asertis Ltd & Anor v Melhuish & Ors [2024] EWHC 2819 (Ch), granting permission for a liquidator, who had assigned his claims against former directors, to disclose bank statements obtained under section 236 of the Insolvency Act 1986 to the assignee.

Key takeaways from the Financial Ombudsman Service's Annual Report and Accounts for 2023-2024

Published on 12 Dec 2024. By Faheem Pervez, Senior Associate

The Financial Ombudsman Service (FOS) has published its Annual Report and Accounts for 2023-2024 (the Report) providing valuable insights into the trends and challenges faced by the financial services industry. It is important to understand these developments to proactively manage risks and ensure compliance.

FCA gets head start on setting Consumer Duty new year resolutions

Published on 11 Dec 2024. By Lauren Butler, Associate

The Financial Conduct Authority (FCA) has published their priorities under the Consumer Duty for the remainder of the 2024/2025 financial year.

Competing interests – phase two of the 'Name and Shame' proposal

Published on 05 Dec 2024. By Damien O'Malley, Associate

On 28 November, the Financial Conduct Authority (FCA) released phase two of their consultation regarding proposals to publicise enforcement investigations, outlining the changes they propose to this so-called 'Name and Shame' proposal.

Financial Conduct Authority to hold roundtable discussion with IFAs to test simplified advice

Published on 03 Dec 2024. By Daniel Parkin, Associate and Esme Watson, Senior Associate

On 15 November 2024, the Financial Conduct Authority ("FCA") published a feedback statement setting out the responses received on the Advice Guidance Boundary Review and what approach they will take on the proposed targeted advice and simplified advice regimes going forwards.

FCA sets out its strategy for 2025-2030

Published on 03 Dec 2024. By David Allinson, Partner and Daniel Parkin, Associate

The FCA published a speech on 26 November 2024 by Emily Shepperd, FCA Chief Operating Officer, setting out the FCA's strategy for 2025 to 2030. The FCA's focus will be on economic growth and innovation, financial crime, consumer resilience, and how they can become a more efficient and effective regulator.

Lawyers Covered - November 2024

Published on 29 Nov 2024. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Victoria Lawman, Trainee Solicitor and Richard Seymour, Associate and Robyn Crowter, Associate and Samantha Cresswell, Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the November edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

FCA reveals crypto regulation roadmap as ownership continues to surge.

Published on 27 Nov 2024. By Rebekah Bayliss, Associate and Kristin Smith, Trainee Solicitor

With public ownership and awareness of crypto on the rise, the Financial Conduct Authority (FCA) announces its roadmap to making crypto a fully regulated asset class by 2026.

City Minister supports imposition of FOS case fees for CMCs

Published on 11 Nov 2024. By David Allinson, Partner

In what may well be welcome news for the industry, the new City Minister has supported the FOS' proposals to charge case management companies (CMCs) a £250 fee for referring complaints to the Financial Ombudsman Service. The hope is that this prevent FOS being overwhelmed with 'poorly evidenced' complaints.

FCA provides guidance for Lifetime Mortgage Providers

Published on 06 Nov 2024.

The FCA has set out its key concerns and priorities for lifetime mortgage providers ("LMPs") in a Dear CEO letter. The concerns and priorities of the FCA highlighted in the letter will be of interest to those in the LMP market and their FI insurers.