Developments in FSA enforcement law: From N2 to the arrival of Callum McCarthy

This paper reviews the major developments in law and policy arising from cases involving the FSA Enforcement Division in the two years after N2. It considers how the FSA has reacted to dealing with the expectations and pressures of publicity which will lead to a change in the rules affecting confidentiality; the Court of Appeal’s ruling on the due process and safeguards within the enforcement process; and the implications for authorised firms arising from the largest disciplinary case of 2003, Lloyds TSB, which resulted in a settlement of approximately £100m.