RE: Hunting stop losses?26 Feb 2026 23:40
Liberty2, seems like a fair start, maybe earlier, but the issue in my mind is over Clydesdale, which was originally set to be at the Court of Appeal level with Barclays. Hopcraft plausibly overules the legitimacy of Clydesdale quite easily and the court may well set aside or disregard Clydesdale altogether, which would be a blow to the FCA. If this happens it would cast serious questions around the legitimacy of the FCA actually putting forward a scheme that rests partly upon a ruling which has already been clearly ruled against by the Supreme Court. There is a growing possibility that the JR stage actually throws the whole redress scheme out as incompatible with FSMA 404(1)(b) - legal alignment.
In my view, zero payments will be processed in any way whatoever until after a ruling that takes into account the Clysedale nonsense. Even then I would expect the FCA to loose the first stage and they can't force payments while they are appealing something that was ruled against them. When the regulator tried to force payments before an appeal in PPI the banks just refused en mass and the regulator had to back down. This is no different, if anything it's far more clear the FCA are on the back foot if they go full redress nonsense.
In terms of CBG putting aside another provision, even if it does not make any apparent sense, think of it along the lines of CBG effectively just saying to the treasury, we are setting aside another £100m so we don't have to pay any tax on it "yet". That may well be a delay in a buyback or dividends, but I believe it would be a far better process to go through in the longer term and provide a greater return. Dividends, if they are paid, are not going to move the dial on the share price so I don't believe they are a high probability. However, a share buyback will move the dial significantly as the shorts have a rather painful realisation that the prior correlations are going to break apart. The investor base has arguably already adapted to a lower dividend expectation.
The real curve ball is that the FCA later try to turn to individual Bluecrest style redress schemes, which would equally kick off a new round of legal challenges and plausibly a political intervention because at that point it would be a clear abuse of power. Cant get an industry wide scheme so we will try individual schemes as a work around - imagine the press and the court cases. House of Lords would have a field day. I don't think the government would do well out of that process in many regards.
What do I know ? They are just my guesses and more guesses and the usual anoying popcorn...munch...munch...