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FCA: Enforcement regulatory disclosure review – outcome

11 Nov 2024 (UPDATED: 13 Mar 2026) United Kingdom 1 min read

In Seiler and others v FCA [2023] UKUT 00133, the Upper Tribunal recommended that FCA should review certain elements of the disclosure process in regulatory enforcement cases.  FCA has completed the review and have made a number of changes to processes and notes that it will disclose all material that is relevant to the facts of the matter, save where it is disproportionate, not in the public interest, or otherwise inappropriate to do so. This will include all material that is potentially undermining as well as supportive material. Disclosure reviews will be aimed at identifying all the relevant material and will not be focused on only looking for potentially undermining material, saying that this will reduce the risk of mistakenly failing to disclose a document.  FCA intends to conduct a further review in approximately 12 months’ time to assess whether it should take further steps to improve the processes.


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