Published on: 21 March 2025
Published by a Law360 reporter
Regulatory lawyers warn that deregulation steps set out in a government policy paper on 17 March 2025 could potentially harm consumers, a risk amplified by the Financial Conduct Authority (FCA) scaling back its enforcement agenda. John Pauley, financial services partner at Harper James, said, in his view, the government’s action plan appears more a measured wager than a wild bet, yet it clearly puts growth ahead of stability and security. He noted that the breadth of the proposals, especially the loosening of financial rules, leaves scope for unforeseen fallout across the market. Pauley also said success depends on how quickly both government and regulators can change tack if instability starts to show, and do so decisively. Other practitioners worry that response may come too late, as the government has not articulated its tolerance for consumer harm despite the FCA’s repeated requests for clarity.
Lawyers say fraud exposure would climb under the idea to lift the ceiling on contactless card payments made without a PIN, at scale. Pin-less transactions are currently capped at £100, but, as an FCA option, could become uncapped. Under such terms, criminals could exploit stolen cards to commit fraud under these rules, according to lawyers...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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