FCA Enforcement Strategy May Influence Litigation Privilege

By Abdulali Jiwaji and Elliott Fellowes (May 29, 2018, 2:41 PM EDT) -- On April 9, 2018, the U.K.'s Financial Conduct Authority published its annual business plan. Shortly beforehand on March 21, 2018, the FCA also published a mission statement on its approach to enforcement. The two documents indicate the FCA's focus in terms of enforcement and the way in which it will approach situations which it considers to be ripe for enforcement activity. It is apparent that the last year has seen an increase in FCA investigations activity, and this is likely to track through to a pick up in FCA enforcement activity as ongoing investigations are concluded and pursued further. Alongside this, we have again over the past year seen a number of interesting court decisions dealing with claims for litigation privilege. This article considers the interplay between the FCA's approach to enforcement and the impact this might have on claims to litigation privilege....

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