Upper Tribunal decision on FCA fine may encourage challenges — Caroline Black comments in Law360

A recent Law360 article highlights the potential implications of the Upper Tribunal’s decision to reduce the fine imposed on former Barclays CEO Jes Staley. While the Tribunal upheld the FCA’s industry ban, it significantly lowered the financial penalty, raising questions around the treatment of deferred remuneration in enforcement cases.

Commenting on the strategic considerations for individuals facing FCA sanctions, Caroline Black, consultant at Gherson LLP, noted:

“In the context of a settlement, it may be that a more lenient outcome than a ban could be achieved. Individuals should consider strategy carefully before making any decision to fight or be damned”.

The ruling may lead both individuals and firms to reassess how regulatory investigations are approached, particularly where significant deferred compensation is at stake. It also underscores the need for tailored legal advice when weighing the risks and benefits of contesting FCA enforcement action.

Read the full article on Law360:
Staley Tribunal Decision Could Fuel Challenges To FCA Fines – Law360

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