Tribunal holds that regulator must take proactive steps to investigate impact of COVID-19

03 December, 2020
In JD Sports Fashion plc v Competition and Markets Authority [2020] CAT 24, the Competition Appeal Tribunal (“CAT”) quashed the Competition and Markets Authority’s (“CMA”) final report on the Phase 2 investigation into the completed acquisition by JD Sports Fashion plc (“JD Sports”) of Footasylum plc (“Footasylum”) on the basis that the CMA had not sought … Read more

Court of Appeal upholds regulatory judgment in technical field

24 September, 2020
Recently, the Court of Appeal gave its decision in R (Cotter) v NICE [2020] EWCA Civ 103. The case challenged a decision by NICE which made it harder for a patient to obtain a particular medicine than would have been the case had NICE taken a different approach. Background The Claimant sought judicial review of … Read more

Regulatory disputes in the consumer sector

30 June, 2020
Businesses who deal with consumers will generally wish to have a good relationship with Government, regulators and other public authorities. However, there are times when a company’s interests are such that they come into conflict. At those times companies may wish to consider how that conflict might be resolved if it were to reach court … Read more

Important decision on privilege in a regulatory context

19 February, 2020
In a judgment handed down yesterday, the Court of Appeal found that an audit client could not be compelled to produce its privileged documents to its auditor’s regulator: Sports Direct International plc v The Financial Reporting Council [2020] EWCA Civ 177. The case concerned the construction of the Financial Reporting Council’s (“FRC“) information-gathering powers (specifically … Read more

Artificial Intelligence in the Public Sector – a new regulatory field?

18 February, 2020
The Committee on Standards in Public Life (the “Committee”) has published a report on artificial intelligence (“AI”) and its impact on public standards following the Committee’s review into this fast-developing field (the “Report”).  The Report sets out the Committee’s recommendations for the governance and regulation of AI in the public sector, aimed at ensuring high … Read more

The FRC and enforcement action – what next?

05 February, 2020
Over the last year, three key reports have been published on the future of the audit and accountancy professions. These reports together propose significant reforms to audit and the manner in which it is regulated, including the replacement of the Financial Reporting Council (the “FRC”) with a new regulator with enhanced powers.  While the reviews … Read more