Law and regulation for global financial markets: enforcing the new regime - incentive or deterrence?

This paper comments on the current proposals for change to the mechanisms by which private individuals can seek redress (collective or otherwise) against financial institutions operating in the UK. Having summarised briefly the existing regime and considered the proposals and options for change, it analyses the policy implications of those proposals and discusses how they interrelate with the trend towards an enhanced enforcement regime in the public sphere and the growing use of criminal sanctions against institutions and individuals.