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by Emma Cleveland|7 April 2015|Our Thinking
On 5 March 2015 the FCA published its Thematic Review 15/2: Structured Products: Thematic Review of Product Development and Governance (TR15/2). In TR15/2, the FCA sets out its findings from its latest review of the structured products market. The review is relevant to all firms involved in any stage of the design, manufacture, packaging and […]
Read moreby Emma Cleveland|24 March 2015|Our Thinking
On 18 February 2015, the FCA published its thematic review on asset management firms and the risk of market abuse (TR15/1). The paper presents the regulator’s findings from the thematic review of how asset management firms control the risk of committing market abuse. The review considers how firms control the risks of insider dealing, improper […]
Read moreby Emma Cleveland|11 March 2015|Our Thinking
Fiduciary duties of investment managers have been a matter of considerable debate in English law. Fiduciary obligations are generally sought to be excluded from investment management agreements, however, there are many proponents to the position that investment managers should be considered fiduciaries of their clients. So, what is the best approach to be taken by […]
Read moreby Emma Cleveland|9 December 2014|Our Thinking
In its TR 13/14 thematic review, the FCA discussed the implications of payment for order flow on best execution and the integrity of the financial markets. The regulator took a clear stance against payment for order flow and declared its active pursuit against the practice. However, the commercial impact of payment for order flow and […]
Read moreby Emma Cleveland|27 November 2014|Our Thinking
Following the MiFID II conference on 18 September 2014, the FCA have expressed their pursuit towards more lit and transparent trading venues. MiFID II will set new caps on dark trading and will aim to achieve a balance between allowing for the maintenance of sufficient liquidity and bringing orders into the light. Dark trading as […]
Read moreby Emma Cleveland|19 November 2014|Our Thinking
The distinction between Negligence and Gross Negligence in English contract law has been an issue in many commercial contracts for over a century. In order to reduce the confusion surrounding such matters we have written a brief of the leading case law on the matter and the most recent definition of Gross Negligence provided by […]
Read moreby Emma Cleveland|18 November 2014|Our Thinking
The fiduciary relationship between a lawyer and their client is at the core of the English legal system. Regardless of its paramount importance to the proper functioning of the legal services industry, a degree of confusion remains around the particular duties owed by a fiduciary. For an explanation of the nature of fiduciary duties in […]
Read moreby Emma Cleveland|28 October 2014|Our Thinking
Find everything you need to know about the new dealing commission rules and the impact on your commission sharing agreements in our attached Glance Card. It also offers insight into potential changes in the future in light of the FCA’s recently released discussion paper 14/3 and MiFID II.
Read moreby Emma Cleveland|21 October 2014|Our Thinking
On 1 October 2014 the European Securities and Markets Authority (ESMA) published its Work Programme for the upcoming year. In it ESMA has set out four operational objectives: supervision, the single rulebook, convergence, and risk monitoring analysis.
Read moreby Emma Cleveland|5 August 2014|Our Thinking
The FCA has recently completed the second stage of its thematic review on how firms and advisors are implementing RDR requirements. TR 14/5 focuses with greater clarification on what actions firms should take to meet the new independence requirements. TR 14/6 focuses on whether firms are complying with the disclosure requirements.
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