FCA’s new enforcement regime threatens firms and individuals | Published by Law360, a LexisNexis company
Jul 07 2025
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FCA’s new enforcement regime threatens firms and individuals | Published by Law360, a LexisNexis company
In a recent Law360 article, Caroline Black, consultant at Gherson LLP, comments on the Financial Conduct Authority’s (FCA) revised enforcement regime and the risks it poses to firms and individuals facing investigation.
The article outlines industry concerns about reputational harm caused by anonymised disclosures, limits on legal representation during interviews, and the erosion of procedural safeguards. Caroline warns that the FCA’s new powers to exclude legal advisers from compelled interviews “seemingly go too far in favour of the FCA,” particularly when potential conflicts are already regulated by the Solicitors Regulation Authority.
Caroline outlines a key concern: “In this instance, the lawyer should have identified the conflict and stopped acting. But if the FCA is aware of the conflict when the lawyer is not, it can exclude that lawyer from the interview in reliance on this policy.”
Read the full article, originally published by Law360, a LexisNexis company.
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