FSR Brief EP10 – Naming firms under investigation in "exceptional circumstances" put to the test in Judicial Review

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.