9.1 Avenues for redress

Though the case of Financial Conduct Authority v Macris focusses on the avenues for third-party protection where those third parties are mentioned within regulatory notices, the statutory provision providing for such protection under section 393 of the Financial Services and Markets Act 2000, as amended by the Financial Services Act 2012, is not replicated within the CACA 2013. As such, the ability for identified third parties (by name or synonym) to provide representations in their own defence is not available through statutory provision, but only if incorporated in the DPA process by the involved parties (for example, the judiciary or the prosecutor). Whilst Schedule 17 of the CACA 2013 remains silent in this regard, consideration must be afforded to alternative potential avenues of redress where individuals are identified within DPA documentation.