i-law

Compliance Monitor

The devil in the detail of business interruption insurance

"A purposive interpretation of the language of policies to supply the cover that everything indicates the customers thought that they were buying, makes much more sense than the occasionally quite negative niggling arguments presented by the insurers" [the author, below]. The High Court has given its view in FCA v Arch Insurance on a small proportion of all the wordings in business interruption policies - but years of wrangling over Covid-19-related claims could lie ahead. Adam Samuel discusses the judgment and ways forward.
Online Published Date:  11 November 2020

Whistleblowing: on a need-to-know basis

A parliamentary report decries that organisational whistleblowing policies and procedures often bear no resemblance to actual practice, and calls for significant changes to the UK approach. Barry Faudemer sets out steps for firms to take.
Online Published Date:  12 November 2020

FCA: a tale of five CEOs

Nikhil Rathi takes the helm of the FinancialConduct Authority at a time of crisis – the global coronavirus pandemic – andwith the United Kingdom’s final transition from the European Union just months away. Neasa MacErlean reports on one of thecountry’s most challenging jobs.
Online Published Date:  13 November 2020

Financial promotions face new approval 'gateway'

The Government proposes strengthening oversight of financial promotions issued by unauthorised firms, by establishing a regulatory 'gateway' as well as bringing the promotion of certain cryptoassets under FCA remit. Charlotte Hill and Arnav Gupta review the consultation papers.
Online Published Date:  14 November 2020

Pitfalls of selling financial products

Though the current market for financial services advice or sales retains elements that resemble issues tackled in the 1990s, other compliance questions remain largely unexplored. Adam Samuel examines some of the classic problems.
Online Published Date:  16 November 2020

FCA culture roundtable finds “worrying lack of awareness or depth”

A recent Financial Conduct Authority roundtable of experienced staff from 18 wholesale banks on culture revealed there is a considerable amount of work to be undertaken, especially in areas where firms were “unacceptably weak”. Denis O’Connor outlines findings and questions that all institutions should consider.
Online Published Date:  16 November 2020

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