Latest by Robbie Constance

Blog

ESMA to use new powers to attack the sale of CFDs and binary bets to retail investors

Published on 25 January 2018. By Robbie Constance, Partner and Lucy Kerr, Associate

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ESMA has launched a public consultation on measures to protect retail investors investing in contracts for difference (CFDs) and binary bets. Potential changes include wide-ranging restrictions on the marketing and sale of CFDs, and a complete prohibition on the sale of binary bets to retail investors. An intervention would mark ESMA's first use of its new powers under MiFID II, which came into force on 3 January.

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Publication

FCA makes maiden market investigation reference

Published on 20 September 2017. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate and James Mee, Partner and James Kaufmann, Legal Director and Robbie Constance, Partner and Alun Marriott, Partner - RPC Consulting

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Blog

High Court sheds light on compulsory jurisdiction of Financial Ombudsman Service

Published on 19 July 2017. By Matthew Evans, Senior Associate and Robbie Constance, Partner

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The High Court has provided some clarification of the scope of the compulsory jurisdiction of the Financial Ombudsman Service (FOS). The decision has left the scope of that jurisdiction open to discussion, and appears to suggest that the courts will take a more mechanical approach to reviewing regulatory decisions.

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Blog

High Court sheds light on compulsory jurisdiction of Financial Ombudsman Service

Published on 19 July 2017. By Matthew Evans, Senior Associate and Robbie Constance, Partner

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The High Court has provided some clarification of the scope of the compulsory jurisdiction of the Financial Ombudsman Service (FOS). The decision has left the scope of that jurisdiction open to discussion, and appears to suggest that the courts will take a more mechanical approach to reviewing regulatory decisions.

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Blog

Adviser due diligence thematic review report short and not to the point

Published on 19 February 2016. By Robbie Constance, Partner

There's an irony in a report on due diligence being, in effect, just 2 pages long. The FCA's thematic review report today tells us more by what it doesn't say. What might DD stand for?

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Blog

The politics of regulation

Published on 26 January 2016. By Robbie Constance, Partner

Today's news about Andrew Bailey's appointment as CEO of the FCA is a significant and, no doubt, highly political appointment.

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Blog

Show me the money: new capital requirements for PIFs

Published on 16 December 2015. By Robbie Constance, Partner

Last week the FCA released its Policy Statement PS15/28: Capital resources requirements for personal investment firms (PIFs) updating rules that set the amount of capital to be held by directly authorised PIFs which date back to 1994.

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Blog

FCA frustrated by continuing shortcomings in wealth management sector but must accept subtleties of suitability

Published on 09 December 2015. By Robbie Constance, Partner

The FCA's thematic review report published today expresses concern about some wealth management firms who are still not getting suitability right despite five years of regulatory 'communications'.

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Blog

POPLA likely to be more popular after Supreme Court rejects parking ticket appeal

Published on 16 November 2015. By Robbie Constance, Partner

The Supreme Court decision in ParkingEye v Beavis has attracted much attention, not least because it was all about a £85 parking fine.

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Blog

Built on sand?

Published on 10 November 2015. By Robbie Constance, Partner

At the Treasury's request, the FCA has published plans for a 'regulatory sandbox' in which businesses can play with new, innovative products, services and business models without "all the normal regulatory consequences".

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