Regulation  

What the Woodford scheme of arrangement means for redress claims

  • Identify the reason why we have scheme arrangements
  • Explain the FCA's approach to redress schemes
  • Describe how companies face the risk of enforcement action for breach of consumer duty
CPD
Approx.30min

Going forward, financial institutions should, therefore, be prepared for redress schemes to become an increasingly prominent feature of their disputes landscape.

The Woodford scheme of arrangement will not be the last with controversy surrounding it and there will no doubt be further redress schemes that provoke lively discussion.

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However, while they will always involve compromise, companies and potential claimants should keep in mind that, in the right circumstances, they can provide a route to fair and efficient justice for both sides. 

Rhys Corbett is a partner in the financial services disputes and investigations practice at law firm BCLP

CPD
Approx.30min

Please answer the six multiple choice questions below in order to bank your CPD. Multiple attempts are available until all questions are correctly answered.

  1. True or false. There is a decreasing trend for using redress schemes in instances where financial services companies are found to have caused mass detriment to customers or investors

  2. Why is a scheme of arrangement, a general Companies Act mechanism rather than a specific FCA power, often the most controversial form of scheme?

  3. Which of the following is the odd one out? Why is the trend for redress schemes in the financial services sector likely to continue to gain momentum?

  4. What does the FCA say is a crucial element of companies delivering good outcomes for their customers?

  5. Why does Rhys Corbett say companies face the risk of enforcement action for breach of consumer duty?

  6. According to the article, when did the FCA use its power to impose industry-wide consumer redress schemes on multiple companies that had failed to comply with its requirements?

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You should now know…

  • Identify the reason why we have scheme arrangements
  • Explain the FCA's approach to redress schemes
  • Describe how companies face the risk of enforcement action for breach of consumer duty

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