FCA sees 80% jump in contested enforcement cases

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The number of FCA enforcement cases contested by firms has increased by 80 per cent in one year, data shows.

FCA figures show 17 more cases were referred to the regulatory decisions committee last year, bringing the total number to 38 for 2015, the Financial Times reports.

The committee is part of the FCA’s independent appeals process.

Regulatory consultancy Bovill compiled the figures.

Consultant Prem Griffth says: “The lack of a responsible culture surrounding affordability assessments forms a main concern, as well as poorly thought-out and unfair contract terms.”

Cases against Libor and foreign-exchange manipulation scandals will also be reviewed by the RDC, after the panel ruled some were “inappropriate for further action”.

In 2015, the panel rejected the FCA’s case against Bruno Iksil, also known as the London Whale, for failing to prevent significant losses related to derivative trades carried out at JP Morgan.

The new statistics around enforcement cases come as the regulator and the Prudential Regulation Authority announced changes to their enforcement processes including an overhaul of the RDC’s role.

Following the proposed changes, the RDC will determine the penalty in cases that are partly contested. At the moment, the FCA sets the penalty which can then be challenged by the RDC.