Tom Bushnell in Law 360 on FCA’s response to Upper Tribunal defeat

11 Dec 2023

Business Crime associate barrister Tom Bushnell has been quoted in a Law360 article analysing the FCA’s response to an Upper Tribunal ruling described as “disgraceful” by Judge Timothy Herrington.

Judge Herrington issued the rebuke after the FCA published a press release which misrepresented an Upper Tribunal decision – in which its regulatory action was largely overturned – as having had a successful outcome.

Tom Bushnell told Law 360 that the episode, which relates to the FCA’s investigation into former employees of the Swiss bank Julius Baer, threatens to overshadow the agency’s work and erode its credibility.

“Credibility is a valuable commodity for any party to litigation”, Tom said. “This is especially the case when the party in question repeatedly appears in front of the same tribunal, as the FCA does.” 

Full article is available to Law360 subscribers here. Tom’s previous blog analysing the FCA’s defeat in Seiler, Whitestone and Raitzin vs FCA is here.



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