FCA's first action under SMR may undermine rules

May 18, 2018

Fox Williams' partners Peter Wright and Joanna Chatterton are quoted in the International Financial Law Review (IFLR) article ‘FCA’s first action under SMR may undermine rules’. Commenting on the FCA’s fine of Barclays chief executive James Staley, Peter Wright said: ‘In the future, this decision may make it harder for the regulator to distinguish between integrity and misjudgement.” Joanna Chatterton comments on whether banks’ HR teams are applying the SMR regime correctly.

See below extract from article:

"The Financial Conduct Authority’s (FCA) fine of Barclays chief executive James Staley, the first enforcement action taken under the Senior Managers and Certification Regime (SMCR), could blur the lines between integrity and due diligence. This could result in inconsistent decisions and may raise the bar for activity that would have otherwise resulted in dismissal on the grounds of individuals not being fit and proper to perform their role.

Peter Wright, litigation partner at Fox Williams, said the FCA’s final notice is very carefully worded to enable a finding that there is a lack of skill, care and diligence but without any suggestion that there was an integrity breach. "In the future, this decision may make it harder for the regulator to distinguish between integrity and misjudgement," he said."

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Peter Wright
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pwright@foxwilliams.com

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Joanna Chatterton
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jkchatterton@foxwilliams.com

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