Enforcements

We advise financial institutions facing investigations and enforcement action or other interventions by financial services regulators, in particular the UK Financial Conduct Authority and Prudential Regulation Authority and also by other regulators and prosecutors both in the UK and overseas. We also advise clients on challenging adverse decisions by regulators.

Overview

Our highly experienced team includes a number of individuals who have worked at the regulators, giving us particular insight into the likely views of the regulators on issues arising.

Where a firm itself identifies a potential regulatory issue, we can advise on diagnostic internal investigations, notifications to the regulators and remedial action. We are frequently successful in enabling our clients to avoid enforcement action or other interventions by the regulators.

Sometimes enforcement action cannot be avoided. We are experienced in defending clients, including at the FCA's Regulatory Decision Committee and the PRA's Enforcement Decision Making Committee and on appeals to the Upper Tribunal and other fora.

Our team includes criminal prosecution experts, enabling us to provide a seamless service where criminal investigations are pursued concurrently with regulatory actions.

Featured experience

  • We advised the Upper Tribunal’s decision in the Stuart Forsyth case overturning decisions by the FCA and PRA to fine the former CEO of a mutual insurer and prohibit him from working in financial services. The regulator’s approach to handling the investigation and enforcement proceedings against Mr Forsyth was heavily criticised by the Upper Tribunal and this led to the regulators making significant changes in their investigation and enforcement processes.
  • Advising a global asset manager on investigations and enquiries by the FCA, the SEC and other global regulators following potential investment losses caused by a failure of its quantitative investment model. Also advising on litigation threatened by affected investors.
  • Advising hedge fund management firms on internal investigations into potential market abuse by traders, including a number of assignments involving alleged "spoofing" behaviour. Successfully avoided enforcement action by the FCA.

What our clients say

  • Strong litigation team, which operates well to pull in resources from other specialisms across the firm where needed.

    Legal 500 UK 2023 Edition, Commercial Litigation: Leeds And West Yorkshire; North Yorkshire, Yorkshire and the Humber

  • Really punches above its weight in commercial litigation. Very focused on achieving the best outcomes for clients on a cost-effective basis.

    Legal 500 UK 2023 Edition, Commercial Litigation, Mid-market, London

Enforcements key contacts

Who we are

Why choose DAC Beachcroft?

We’re a broad-based commercial firm serving a wide range of sectors with a strong heritage in insurance,
health and real estate. We combine excellent legal skills and cutting-edge delivery expertise to design
solutions that fit the needs of our clients – often involving clever uses of technology.