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12 May 2017 / Michel Reznik
Issue: 7745 / Categories: Features , Banking , Commercial
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Injustice in financial services disputes (Pt 2)

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Mass-redress schemes do not have the capability to uphold any of the original objectives of the FCA, says Michel Reznik

  • The FCA is not an adjudication body and should not act as one.
  • It is now widely recognised that the FCA created mass-redress schemes are not fit for purpose as tools for adjudicating substantial disputes.
  • Despite this recognition, the practice of instituting and administering mass-redress schemes continues.

‘I do not think the Financial Conduct Authority (FCA) was really established or conceived to be an adjudication body. It is a regulatory or supervisory body. Now, this is not a criticism, but it has found itself in that role, and it has found itself creating—I do not know how many, but there are quite a few—bespoke adjudication processes.’

Andrew Bailey, CEO of the FCA, giving evidence to the Treasury Select Committee (TCS) on 20 July 2016. Rewind 8 years:

The financial service industry suffered a deterioration of trust and confidence in the years leading up to the financial crisis of 2008—and its collapse in the years that followed. The

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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