It has been a busy few months for both the FCA and the PRA, with a string of significant enforcement decisions across regulated firms and individuals alike. The standout case is arguably the Upper Tribunal's ruling in the Banque Havilland case, where the Tribunal agreed the conduct was serious – rating it at the highest level – yet slashed the FCA's £10 million penalty by 60% on the basis that the original figure was "arbitrary" and inadequately reasoned. The decision will sharpen focus on the FCA's longstanding reluctance to show its workings when calculating fines, and may well encourage other firms to challenge penalties without conceding the merits.
In this edition, we cover more in the same vein, including analysis of the FCA's £12.9 million fine against John Wood Group for financial misstatement, the conclusion of the eight-year Carillion saga with a fine against its former CEO, two landmark PRA firsts – the Bank of London case marking the PRA's first action for breach of Fundamental Rule 1, and the UK Insurance case as the inaugural use of the PRA's Early Account Scheme – the FCA's prohibition of Kasim Garipoglu following a decade-long AML investigation, and the Supreme Court's important clarification on principal firm liability in Kession Capital.