The FCA’s new enforcement process – what will work, and what won’t

Purpose To review the FCA’s new enforcement process, drawing on what we believe are the positives and negatives and how the FCA should further improve the enforcement process. Design/methodology/approach Breaks down the FCA’s new enforcement process, highlighting the background and stimulus for change, the structural and cultural change, other process changes and our hopes for further reform. Findings Prospects have improved for firms/ individuals who are subject to FCA enforcement actions. Defendants who have good defensive arguments to make, but who would previously have felt under pressure to jettison those arguments in order to settle at an early stage and secure a 30 per cent discount will now be subject to a fairer process, weighted less favourably for the regulator. Originality/value Practical guidance from experienced regulatory lawyers who have valuable insight after working within the FCA.