header-logo header-logo

NLJ this week: Silence carries a price

256247
© Getty images
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself

Writing in NLJ this week, Jessica Caws of Birketts examines the FCA's decision to fine BancTrust chief executive Carlos Fuenmayor after he failed to notify the regulator about overseas investigations, sanctions and frozen bank accounts.

The case underlines that disclosure obligations are ongoing, extend to overseas matters and can be breached through negligence alone. Caws also points to enforcement action involving Wise chief executive Kristo Käärmann, former Barclays boss Jes Staley and insurance broker Leigh Mackey as further examples of the regulator's tough stance.

The message, she says, is consistent: the FCA expects proactive engagement, not 'reactive or selective disclosure'. Her advice to firms and senior managers is straightforward: 'if in doubt, notify'.

MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll