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RICS disciplinary process: guidance for surveyors on the hearing process (3 of 4)

Published on 08 Nov 2022. By Laura Sponti, Associate and Sarah O'Callaghan, Senior Associate and Emma Wherry, Senior Associate

In our previous two articles we set out an overview of the RICS disciplinary process and the investigations stage. This article sets out the RICS hearing process.

A-Z of Insurance

Published on 26 Oct 2022. By Peter Mansfield, Partner

Insurance plays a role in almost every aspect of life. For most, it is simply a policy that protects their car and home, but there is so much more to it than that. Peter Mansfield takes us on a whistlestop tour through insurance history as he gives us his A-Z of insurance.

RPC scores top rankings in Chambers UK 2023

Published on 20 Oct 2022. By Kimberley Nanson, Senior PR & External Communications Manager

RPC has achieved top ranking in nine practice areas in Chambers UK 2023.

Are pension fund trustees at risk of legal action following UK gilts’ meltdown?

Published on 07 Oct 2022. By Rachael Healey, Partner

Are pension fund trustees conducting liability-driven investing at risk of legal action following the volatility in the UK gilt market?

FCA responds to criticism of the Public Accounts Committee when it comes to BSPS with rejection of suggestion it should reconsider a wider defined benefit transfer review

Published on 03 Oct 2022. By Rachael Healey, Partner

In a July blog I reported on the House of Commons Public Accounts Committee report entitled "Investigation into the British Steele Pension Scheme". The blog set out a number of recommendations of the Committee in light of its investigations into the FCA's conduct and regulatory oversight of BSPS and, in particular, the 7,834 members that transferred out of BSPS into a personal pension scheme. We have now had a sneak preview of the FCA's response in the recent Committee minutes. Here's what the FCA had to say.

Six-cess! RPC recognised as top-tier firm across six areas in The Legal 500 UK 2023

Published on 29 Sep 2022. By Kimberley Nanson, Senior PR & External Communications Manager

The 2023 edition of the Legal 500 UK rankings has been released and we are delighted with the latest results.

RPC named Insurance Law Firm of the Year at ALB Hong Kong Law Awards

Published on 26 Sep 2022. By Antony Sassi, Managing Partner, Asia

Accolade comes as international law firm celebrates 10th anniversary in Asia

RPC's Insurance Group adds further strength with new financial services and D&O Specialist in Bristol

Published on 12 Sep 2022.

International law firm RPC has hired Terence Dickens as a Partner for its leading Insurance Group, specialising in financial services disputes. He joins the firm on 12 September 2022 and will be based in RPC's Bristol office.

Is the FCA to blame for BSPS? MPs seem to think so

Published on 22 Jul 2022. By Rachael Healey, Partner

The House of Commons Public Accounts Committee (PAC) yesterday published a report entitled "Investigation into the British Steel Pension Scheme". The report makes a number of recommendations in light of its investigations in to the FCA's conduct and regulatory oversight at the time of the issues arising from the British Steel Pension Scheme (BSPS) and in particular the decision by 7,834 members to transfer to a personal pension arrangement. The report is heavily critical of the FCA's handling of BSPS and its regulatory oversight of the defined benefit transfer market generally. Given the request in the report for an update from the FCA on its progress on the various recommendations and conclusions in 6 months' time, we wait to see how the FCA reacts to yet further criticism of its handling of BSPS at a time when it is reviewing responses to the consumer redress scheme consultation.

Crypto crash could accelerate insurers rewriting policies to reduce exposure claims

Published on 15 Jul 2022. By James Wickes, Partner

The cryptocurrency crash could accelerate the process of insurers rewriting policies to reduce potential exposure, including making greater use of virtual currency exclusions, warns international law firm RPC.

RPC advises Howden on acquisition of Singapore-based AEGIS Insurance Agencies

Published on 05 Jul 2022. By Andrew Carpenter, Partner and James Mee, Partner

International law firm RPC has advised global insurance broker Howden on its acquisition of AEGIS Insurance Agencies in Singapore, strengthening its commitment to the Asian market.

RPC's burgeoning Insurance Group hires FI and D&O specialist

Published on 07 Jun 2022. By Mike Newham, Partner and James Miller, Managing Partner and Simon Laird, Global Head of Insurance

International law firm RPC has hired Financial Institutions (FI) and Directors' and Officers' (D&O) liability insurance specialist Mike Newham to join the firm's leading Insurance Group in London as Partner.

Beware the client who is too busy to litigate

Published on 23 May 2022. By Will Sefton, Partner and Tom Morris, Associate

Clients need to understand from the outset of litigation not only how significant the cost of litigation can be, but also the time commitment.

RPC advises AssuredPartners on the acquisition of Gallivan Murphy Insurance Brokers

Published on 26 Apr 2022. By Chris Brierley, Partner and James Mee, Partner

International law firm RPC has advised its longstanding client Assured Partners on the acquisition of high growth brokerage Gallivan Murphy Insurance Brokers (GMIB). The deal is subject to regulatory approval and is anticipated to complete in summer 2022.

RPC advises Howden on acquisition of SPF Private Clients

Published on 14 Apr 2022. By James Mee, Partner

International law firm RPC has advised international insurance broker Howden on its acquisition of leading financial services business SPF Private Clients (SPF).

FCA consultation on British Steel redress scheme published

Published on 31 Mar 2022. By David Allinson, Partner and Robert Morris, Partner

The FCA has now published its consultation paper on the proposed redress scheme for British Steel Pension transfers under s.404 of FSMA. The scope of this is wider than anticipated and the proposals contain some surprises around the lack of an opt-in process and potential involvement of FOS.

No judicial review for FOS defined benefit transfer case

Published on 31 Mar 2022. By Rachael Healey, Partner

The High Court has rejected an application for permission for judicial review in a number of FOS complaints upheld against the adviser who advised on a defined benefit pension transfer. The adviser had advised on the transfer but not the subsequent investments made after the transfer. The adviser was led to believe that UCIS investments would not be made with the transferred funds but in fact UCIS investments were made. The FOS found that the adviser had given unsuitable pension transfer advice partly on the basis that it should have asked more questions about the ultimate investments and it was not enough to have provided for a general spread of investment type. Permission for judicial review was rejected on the basis that there was nothing unlawful in the FOS decisions including the fact that the adviser was held responsible for 100% of the losses despite the involvement of the separate adviser that advised on the investments following the transfer.

RPC advises Mosaic Insurance in deal to purchase SiriusPoint managing agency at Lloyd's

Published on 29 Mar 2022. By James Mee, Partner

International law firm RPC has advised Mosaic Insurance on an agreement to purchase the Lloyd's managing agency of SiriusPoint, the global re/insurer, as part of a wider transaction with SiriusPoint becoming a strategic investor in Mosaic.

National Audit Office on the British Steel Pension Scheme

Published on 21 Mar 2022. By Rachael Healey, Partner

On Friday the National Audit Office (NAO) published a report on the British Steel Pension Scheme (BSPS), looking at the regulation of pension transfer advice and extent to which compensation has been delivered. The NAO's report does not look at the merits of individual decisions made by the FCA and other organisations but includes some insightful information on the BSPS scheme and the status of complaints at FOS and the FSCS and the NAO's findings. With the report coming just before the FCA is due to publish its consultation on a consumer redress scheme for impacted BSPS members and makes for useful reading for those involved with BSPS complaints.

RPC advises MS Amlin on innovative split reinsurance to close (RITC) deal with Riverstone International

Published on 15 Mar 2022. By William Hogarth, Partner and James Mee, Partner and Kelly Thomson, Partner

International law firm RPC has advised MS Amlin Underwriting Limited, part of the global top-10 insurance group MS&AD, on its ground-breaking RITC deal with Riverstone International, an industry-leading acquirer and reinsurer of legacy and discontinued insurance business.

RPC completes sale of insurance software business to global professional services firm Aon

Published on 01 Mar 2022. By James Miller, Managing Partner

Insurance software business RPC Tyche announces the successful sale of its business to global professional services firm Aon. The transaction was completed on 1 March 2022. RPC Tyche was jointly owned by international law firm RPC and software and consultancy business Marriott Sinclair.

SIPPs and FOS - does the Rowanmoor decision change anything?

Published on 02 Feb 2022. By Rachael Healey, Partner

Last week FOS published a decision it reached last year in a complaint against a SIPP provider involving advised sales. The FOS upheld the complaint, finding that the SIPP provider should have rejected business from the regulated financial adviser, CIB Life and Pensions Limited (CIB), given, broadly, red flags available to the SIPP provider with respect to the operation of CIB's business model including that CIB was not advising on the ultimate investment within the SIPP and as a result such introductions involved a significant risk of consumer detriment. The decision has received quite a bit of press attention - but has it moved the dial for SIPP complaints before FOS or not?

Covid civil unrest, claims arising from the SDLT holiday and emerging trends in class actions – the major issues set to impact insurers in 2022

Published on 11 Jan 2022. By Simon Laird, Global Head of Insurance

Civil unrest in response to lockdowns, claims arising from the Stamp Duty holiday and emerging trends in class actions are just three of the major issues facing insurers in 2022, according to the latest Annual Insurance Review from international law firm RPC.

Weighty issues for diet app developers

Published on 04 Jan 2022. By Dorothy Flower, Partner

2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

The Future of Insolvency Regulation

Published on 04 Jan 2022. By Rachael Healey, Partner

On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.

FCA consults on British Steel redress scheme

Published on 22 Dec 2021. By David Allinson, Partner

The FCA intends to open consultation on an industry wide redress scheme covering British Steel Pension transfers. This is perhaps the only option left for the regulator, but a redress scheme will heap further pressure on an area of the advice industry that is already under fire.

FCA looks to tighten up appointed representative regime

Published on 08 Dec 2021. By George Smith, Partner

On Friday the FCA published a consultation paper on potential changes to the existing appointed representative (AR) regime.

FOS proposals to clear the back-log - attractive or not?

Published on 18 Oct 2021. By Cory Gilbert-Haworth, Associate and Rachael Healey, Partner

The Financial Ombudsman Service (FOS) has proposed a temporary approach to the classification of certain complaints in an attempt to alleviate their complaints backlog exacerbated during the COVID-19 pandemic. The approach could see firms looking to pro-actively resolve complaints before a defined cut off date before FOS reaches a decision so that the complaint is recorded separately and not as a "change in outcome" (i.e. where a complaint has been rejected by a business and upheld by FOS). The consultation was open for a short two-week period between 4 and 18 October 2021.

RPC boosts market-leading transactional and regulatory insurance team with Partner hire

Published on 06 Sep 2021. By William Hogarth, Partner

Key strategic hire adds further strength to the firm's expanding transactional and regulatory insurance team

RPC hires rising international casualty star in major boost to RPC's market-leading Insurance Group

Published on 21 Jul 2021. By Kimberley Nanson, Senior PR & External Communications Manager

International law firm RPC has hired international casualty partner, Lucy Dyson, to join the firm's leading Insurance Group in London. Lucy joins RPC from DAC Beachcroft LLP, where she specialised in international casualty coverage and disputes. Lucy joins RPC on 21 July 2021.

RPC advises Howden Group on the launch of Parhelion, the world's first fully sustainable insurer

Published on 16 Jun 2021. By Kimberley Nanson, Senior PR & External Communications Manager

International law firm RPC has advised Howden Group, the international insurance group, on the launch of Parhelion, the world's first fully sustainable insurer.

A tale of loss, limitation and a flawed transaction: why a loss may not feel like a loss

Published on 28 May 2021. By Peter Mansfield, Partner

A recent Court of Appeal decision, Elliott v Hattens [2021] Civ 720, has once again raised the vexed issue of when the limitation period starts to run in a flawed transaction case. Does it start running immediately or at some later date? .

RPC Launches Global Access Lawyers with Cohort of Leading Insurance Law Practices

Published on 20 May 2021.

International law firm RPC has today launched Global Access Lawyers; a connected global offering providing insurer clients easy access to recognised insurance law specialists across the globe.

FCA set to expand climate-related reporting rules

Published on 17 May 2021. By James Parsons, Associate and Ash Daniells, Senior Associate

The FCA has revealed it will consult on plans to require asset managers, life insurers and FCA-regulated pension schemes to meet climate-related disclosure rules. In doing so, the FCA is expanding the scope of firms required to report on climate-related risks in accordance with the recommendations of the Task Force on Climate-related Financial Disclosure (TCFD).

FCA set to expand climate-related reporting rules

Published on 17 May 2021. By James Parsons, Associate and Ash Daniells, Senior Associate

The FCA has revealed it will consult on plans to require asset managers, life insurers and FCA-regulated pension schemes to meet climate-related disclosure rules. In doing so, the FCA is expanding the scope of firms required to report on climate-related risks in accordance with the recommendations of the Task Force on Climate-related Financial Disclosure (TCFD).

Pure Legal interest only mortgage claim – judgment in favour of the mortgage broker on limitation grounds as judge finds the damage was patent not latent

Published on 13 May 2021. By Anthony Cutler, Associate and Rachael Healey, Partner

The first judgment following trial in a Pure Legal interest only mortgage claim has now been handed down, with the judge dismissing the claim on the basis that it was out of time, with the claimants having all requisite knowledge of the material facts of the damage from the outset of taking out the interest only mortgage. The judge also found the advice was not negligent.

When is a complaint a complaint under DISP?

Published on 21 Apr 2021. By Rachael Healey, Partner

A Court of Appeal judgment has recently addressed what constitutes a complaint for the purposes of DISP [Clive Davis v Lloyds Bank [2021] EWCA Civ 557]. It is important to identify when a complaint is made as a regulated firm for two primary reasons: first, a complaint triggers the dispute resolution procedure under DISP of the FCA's Handbook and second, it stops time running for the purposes of time bar when it comes to a complaint to FOS.

Additions to FCA DB Transfer Guidance Published

Published on 06 Apr 2021.

The FCA have published finalised guidance regarding defined benefit pension transfers. The latest publication amends and adds to the draft published in June 2020.

Adams v Carey – where does the Court of Appeal's decision leave the SIPP market?

Published on 01 Apr 2021. By Rachael Healey, Partner and Ash Daniells, Senior Associate

The Court of Appeal has today dismissed Mr Adams' appeal against Carey in respect of COBS 2.1.1R. However, the appeal in relation to s.27 FSMA has been upheld. We discuss the background to the proceedings, the Court of Appeal decision and where it takes the SIPP (and wider financial services) market.

FCA publishes finalised guidance for firms on the fair treatment of vulnerable customers

Published on 22 Mar 2021. By Claudia Schlossberger, Paralegal

In February 2021, the FCA published guidance on the fair treatment of vulnerable customers with the aim of improving their customer experience.

FOS and the Adams v Carey decision – where are we as the Court of Appeal hearing starts?

Published on 02 Mar 2021. By Rachael Healey, Partner

800 DB Transfer complaints to the FOS: A 44% increase in one year

Published on 01 Mar 2021.

The FOS have seen the number of complaints relating to defined benefit transfer advice increase by 44% since 2019. However, the proportion of decisions being upheld appears to have fallen.

RPC advises Assured Partners on the acquisition of Borland Insurance

Published on 05 Feb 2021.

Law firm RPC has advised Assured Partners on the acquisition of leading Scottish broker Borland Insurance Limited. The transaction completed on 1 February 2021.

SMCR: an effective deterrent?

Published on 05 Nov 2020. By Shauna Giddens, Associate

The Senior Managers & Certification Scheme (SMCR) was introduced in early 2016 to establish "effective governance in firms by encouraging greater individual accountability". However, following a response to a recent Freedom of Information (FOI) request, questions have been raised as to its effectiveness as a deterrent.

Part 36: avoid a storm, use the form!

Published on 23 Sep 2020. By Harriet Keltie, Senior Associate and Will Sefton, Partner

Pepperall J's impressively clear judgment in Essex County Council v UBB Waste (2020) makes it abundantly clear that, when it comes to Part 36 Offers, the rules are strict. If litigants wish to reap the significant rewards of this regime, the price they must pay is to ensure they (or their solicitors) follow the rules on how offers should be made.

Calls for increased regulation following rise in FSCS bills

Published on 11 Sep 2020. By Shauna Giddens, Associate

The FSCS levy for the 2020/2021 was released earlier this year, causing frustration amongst many advisors in the sector. That frustration continues, with the FSCS making large compensation payments in respect of defined benefit (DB) transfers where many question the lack of earlier FCA intervention, which might have alleviated the problems in this area.

Invest in due diligence for dubious schemes

Published on 26 Aug 2020. By Claire Revell, Partner

The SRA provides updated guidance for firms to avoid becoming involved in dubious investment schemes.

Where there's a will there's a remote possibility of a way

Published on 03 Aug 2020. By Simon Love, Senior Associate and Will Sefton, Partner

In the face of the global COVID-19 pandemic the government has acted to change the law to allow wills to be witnessed remotely.

Is more co-operation the new normal?

Published on 07 Jul 2020. By Jonathan Wyles, Of Counsel

What keeps you as a lawyer awake at night during the coronavirus pandemic? The list is likely to be very long and the fear of making a mistake will be close to the top. Help may come from some unexpected quarters such as the Courts.

FCA appoints new CEO

Published on 25 Jun 2020. By Jennifer Inman, Paralegal

The Financial Conduct Authority (FCA) has appointed Nikhil Rathi, the UK head of the London Stock Exchange, as its new permanent chief executive, making him the first BAME leader of the UK's city regulator.