Managing risk: a disputes perspective (2017)

Herbert Smith Freehills recently held its annual disputes client conference exploring some key legal and compliance risks facing major corporates. Following opening remarks by Mark Shillito, head of dispute resolution for the UK and US, there were presentations on cyber… Read more


New Market Abuse powers for the FCA (2) Powers to require information from issuers, PDMRs and persons closely associated to PDMRs The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (the "regulations") were passed to ensure that UK law… Read more

Market abuse update – April 2016

This will be our last quarterly Market Abuse update before 3 July 2016, the date when both the new Market Abuse Regulation and the Criminal Sanctions (Market Abuse) Directive come into application across Europe. Some significant pieces of the regulatory… Read more

Financial firms: protecting customer personal data

A recent case provides a rare example of the criminal prosecution of an individual (in this case the former employee of an insurer) for breach of the Data Protection Act 1988 (DPA).  David Barlow Lewis was a former employee of… Read more

UK launches Financial Advice Market Review

On 3 August, the UK Government launched what it described as a major new review to examine how financial advice could work better for consumers.  The review will consider: the “advice gap” for those who do not have significant wealth; the regulatory or… Read more

Ombudsman determinations, fraud and nemesis

Ombudsmen within the Financial Ombudsman Service (FOS) make decisions on complaints by customers of financial firms. An example of such a decision is an award of compensation for mis-selling of payment protection insurance. An ombudsman's decision becomes final and binding… Read more

The BoE approach to Solvency II

Geoff Maddock,  partner Email | Profile tel: +44 20 7466 2067 mobile: +44 7785 255016 By Geoff Maddock, corporate insurance partner A speech by Sam Woods of the Bank of England (BoE) says a lot about its approach to Solvency II and leaves a lot… Read more

Solvency II and Non-Executive Directors

The PRA and FCA have confirmed their approach to non-executive directors (NEDs) under the Senior Insurance Managers Regime (SIMR).  Some NEDs will have to be pre-approved by the regulator; others, so-called "Standard" NEDs, will not. ... Read more

UK: Insurance Act receives Royal Assent

The Insurance Act has today received royal assent, paving the way for the most significant change to English insurance contract law in over 100 years.  The Act will come into force in August 2016 following an 18-month lead in period. … Read more

Insurance Regulation in 2015

So many developments are in the pipeline that we expect 2015 to be a landmark year for the insurance sector.  In this briefing, we consider how regulation may develop over the year.  We start by considering the prudential side and… Read more

UK: PRA confirms approach to supervising insurers

Documents published over the summer provide some insight into how the PRA is supervising insurers.  In particular, firms should be aware of a new version of the PRA's "Approach to insurance supervision" (Approach Document) and of an update on the… Read more

EU audit reform: the impact for insurers

Insurers and reinsurers need to prepare for changes to the audit regime applying from June 2016.  In particular, requirements for the mandatory rotation of auditors will need to be planned for.  Other changes to the current regime are substantial, including… Read more

France: class actions “à la française”

After 40 years of hesitation, the class action "à la française" has finally made its entrance into the French Consumer Code (articles L. 423-1 et seq., introduced by Law no.2014-344 of 17 March 2014). According to the lawmakers, the aim… Read more