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The High Court issued judgment (in two parts) dismissing a Claims Management Company's judicial review application against the FCA. The judicial review sought to quash the FCA's decision to identify the firm in its announcement regarding the commencement of an investigation. Jon Ford, James Wood, and Michael Tan discuss the judgment and what it has to say about the "exceptional circumstances" test that the FCA will apply when deciding whether to identify firms under investigation. The judgment can be found here (Part 1) and here (Part 2), and our blog post on the judgment can be found here.
In the first issue of its new publication, Enforcement Watch, the FCA provides summary details on the judicial review proceedings and its rationale for making a naming announcement. In particular, it noted that "One of our key reasons was consumer protection – we wanted TCPA's customers to be aware of our concerns so they could properly consider their next steps" – as discussed in our podcast, this was identified by the High Court as the "Key Theme" underlying the FCA's decision. The FCA's Enforcement Watch 1 is available here.
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