Contemporaneous vs Actual Critical Path: Clarifying a Key Distinction in the SCL Protocol

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Contemporaneous vs Actual Critical Path: Clarifying a Key Distinction in the SCL Protocol

Geoff Bewsey, Partner HKA

Same Term, Two Paths

The Society of Construction Law Delay and Disruption Protocol (SCL Protocol) describes two delay analysis methods in which the critical path is determined ‘contemporaneously,’ and delay impact is determined ‘retrospectively.’ With no other explanation, both methods are said to identify ‘the contemporaneous or actual critical path.’

In this short paper, I propose how the contemporaneous critical path and the actual critical path are distinct yet inseparably connected.

“… the contemporaneous critical path exists in the forecast portion of a programme[1]Or other planning for the works., whereas the actual critical path exists in the as-built portion, being developed from the sequential chain of contemporaneous critical activities over time.”

Understanding the Distinction

The SCL Protocol[2]Society of Construction Law delay and Disruption Protocol, 2nd Edition, February 2017. describes two analysis methods in which the critical path is determined ‘contemporaneously,’ and delay impact is determined ‘retrospectively.’

The ‘Time Slice Windows Analysis’ is said, in the SCL Protocol, to use a series of time‑slice programmes to reveal “the contemporaneous or actual critical path in each time slice period as the works progressed and the critical delay status at the end of each time slice, thus allowing the analyst to conclude the extent of actual critical delay incurred within each window[3]SCL Protocol, Guidance Part B, paragraph 11.6(c).

The ‘As-Planned versus As-Built Windows Analysis’ for which the SCL Protocol states: “The analyst determines the contemporaneous or actual critical path in each window by a common-sense and practical analysis of the available facts.… The incidence and extent of critical delay in each window is then determined by comparing key dates along the contemporaneous or actual critical path against corresponding planned dates in the baseline programme[4]SCL Protocol, Guidance Part B, paragraph 11.6(d)”.

Both methods rely upon identifying what the Protocol calls the ‘contemporaneous or actual critical path’ to determine actual delay within each window.

This introduces the concept of the ‘actual critical path’ which is not otherwise explained in the SCL Protocol. I therefore explain below my understanding of the distinction between the contemporaneous critical path and the actual critical path.

Looking ahead: What is the Contemporaneous Critical Path?

To understand this point, I find the below extract from Walter Lilly & Co v Mackay (No 2)[5]Walter Lilly & Co v Mackay (No 2) [2012] EWHC 1773 (TCC), [2012] BLR 503, to be most helpful:

‘Mr R [the claimant’s expert] had regard to the likely longest sequence of the outstanding work on a monthly basis as being the primary pointer to what was delaying the work at any one time. This was a wholly logical approach and, indeed is the approach used by most delay experts when there is a usable baseline programme from which to work. The logic is simply that if there are, say, two outstanding items of work, A and B, and A is always going to take 20 weeks to complete but B is only going to take 10 weeks, it is A which is delaying the work because B is going to finish earlier; overall completion is therefore dictated by the length of time needed for A. Put another way, it does not matter if B takes 19 weeks, it will be the completion of A which has prevented completion. Thus, if one is seeking to ascertain what is delaying a contractor at any one time, one should generally have regard to the item of work with the longest sequence[6]Walter Lilly v Mackay, note 8, para [378]..

The above extract describes how ‘what was delaying the work at any one time’ should be determined, using the term ‘the likely longest sequence of the outstanding work on a monthly basis.’ Mr R’s analysis, was carried out on a monthly basis, thus providing an evolving, contemporaneous view of the critical path, this being ‘the likely longest sequence of the outstanding work’ at any time. The ‘likely longest sequence of the outstanding work’ at any time is thus the ‘contemporaneous critical path.’

Pointing in the right direction:

The key to the relationship between the contemporaneous critical path and the actual critical path is seen in the above extract from Walter Lilly v Mackay in the phrase ‘as being the primary pointer to what was delaying the work at any one time.’ In practice, this forward-looking, likely longest sequence of the outstanding work, i.e. the contemporaneous critical path, is ‘the primary pointer’ which enables the analyst to assess ‘what was delaying the work at any one time.’

For each month, or other analysis ‘window,’ ‘the primary pointer’ is the activity at the start of the contemporaneous critical path, i.e. the activity of the path that is currently in progress or immediately about to start ‘at the time.’ This is the ‘contemporaneous critical activity’ and is taken to fall on the actual critical path of the project at the time of each assessment.

Tracking and compiling these contemporaneous critical activities sequentially across all analysis windows enables the analyst to determine the actual critical path through the period of the analysis[7]Where an analysis is based on monthly intervals, such as with a time slice windows analysis using monthly programme updates, the actual critical path may also include intermediate activities falling … Continue reading.

A Similar Yet Different Path

Whilst closely related, the contemporaneous critical path and the actual critical path are distinct, but inextricably linked operating in different parts of the programme.

The contemporaneous critical path exists in the forecast portion of a programme[8]Or other planning for the works., starting at any point in time with the then-contemporaneous critical activity. It changes throughout the project and identifies what is expected to drive completion at that moment in time.

In contrast, the actual critical path exists in the as-built record of a programme. It is constructed retrospectively from the sequential compilation of contemporaneous critical activities identified through the period of an analysis.

Put simply, one path predicts, while the other path records what has happened.

Conclusion

Both the Time Slice Windows Analysis and the As-Planned versus As-Built Windows Analysis of the SCL Protocol, enable determination of the actual critical path of a project. This is dependent upon identifying the contemporaneous critical path across stages of the project. The activity driving each contemporaneous critical path, at any given time, is the then-contemporaneous critical activity. Sequential compilation of these contemporaneous critical activities through the analysis period forms the actual critical path.

Accordingly, the contemporaneous critical path and the actual critical path are distinct concepts but inextricably linked.

The Author

Geoff Bewsey

Partner

geoffbewsey@hka.com

+44 78 41 322 285

Expert Profile

With more than 40 years’ industry experience, Geoff Bewsey is a leading expert in construction delay, disruption and programming. He has been appointed as an expert over 35 times, providing evidence in major international arbitrations and concurrent evidence sessions. Geoff combines deep engineering and contracting experience with advanced planning techniques to assess causes of delay and productivity loss. His work spans buildings, infrastructure, energy and industrial projects across Europe, Africa, Asia and the Middle East. A recognised Lexology Thought Leader, he regularly delivers training on time risk management and supports clients with project strategy, controls and dispute avoidance.



References

References
1 Or other planning for the works.
2 Society of Construction Law delay and Disruption Protocol, 2nd Edition, February 2017.
3 SCL Protocol, Guidance Part B, paragraph 11.6(c
4 SCL Protocol, Guidance Part B, paragraph 11.6(d)
5 Walter Lilly & Co v Mackay (No 2) [2012] EWHC 1773 (TCC), [2012] BLR 503
6 Walter Lilly v Mackay, note 8, para [378].
7 Where an analysis is based on monthly intervals, such as with a time slice windows analysis using monthly programme updates, the actual critical path may also include intermediate activities falling within the ‘windows’ of the time slices.
8 Or other planning for the works.

​​HKA Expert Featured in Landmark Report on the Rising Risks of “Forever Chemicals”​ 

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​​HKA Expert Featured in Landmark Report on the Rising Risks of “Forever Chemicals”​ 

HKA is pleased to announce that environmental expert Geraint Williams has been featured as a contributing expert in a significant new report examining the rising risks, regulatory pressures, and public concern surrounding per‑ and polyfluoroalkyl substances (PFAS) or their more common name, “forever chemicals.” 

PFAS are used extensively across industries, from non‑stick cookware and waterproof textiles to cosmetics and industrial applications. Once praised for their durability and resistance to heat, water, and oil, PFAS are now at the centre of growing scientific, regulatory, and legal scrutiny due to their potential long‑term health impacts and persistent environmental footprint. 

The report from Byfield highlights a major shift in public sentiment. Research company Obsurvant conducted the analysis in November 2025 reporting: 

  • 71% of people believe PFAS pollution is as serious, or more serious, than climate change 
  • more 50% support a full ban on PFAS in consumer products 
  • 43% of Britons say they would join a boycott or campaign against companies using PFAS 
  • over 33% of Londoners say they would support legal action 

Within the report, Geraint offers expert insight into the technical and practical realities of PFAS contamination. Reflecting on the remediation challenges, noting, “The same physical and chemical properties that make PFAS so valuable in industrial and commercial applications also mean they are extremely difficult and costly to remediate.”  

The report examines the evolving legal and regulatory landscape across the UK, EU, and US, drawing on consumer data, global media analysis, and interviews with experts in environmental science, risk, and litigation. 

HKA continues to support organisations navigating the emerging complexities of PFAS through independent expertise in environmental risk, regulatory response, dispute resolution, and large‑scale remediation cost analysis. 

To download the full report visit: The Forever Chemicals Challenge 

About Geraint Williams

Geraint Williams is a leading contaminated land and PFAS expert with over 25 years of experience. He specialises in contaminated land investigation, assessment and remediation, and authored the UK’s first guidance on PFAS in soil and water environments. Geraint has acted as a technical expert in disputes up to £55 million and previously spent over 20 years with the UN Environment Programme. He chairs the AGS Contaminated Land Group and the NICOLE PFAS Analytical Working Group. 

Geraint’s background includes more than two decades with the United Nations Environment Programme, where he assessed the environmental impacts of war, oil contamination, and toxic waste dumping across affected communities worldwide. This global experience underpins his deep understanding of complex environmental harm, forensic investigation, and the intersection of science, regulation, and litigation.

At HKA, Geraint works across Environmental and Forensic Engineering, Architectural & Scientific services, supporting clients in the Environment & Climate Change, Mining & Metals, and Oil & Gas sectors. He is known for delivering clear, evidence‑based expert analysis on PFAS, contaminated land, environmental liabilities, and complex technical disputes.

Geraint Williams tecnical expert

Geraint Williams
Associate Technical Director

Media contact

NameJill Dawson
TitleMarketing & Communications Senior Manager
Number+44 20 7618 1200
Emailjilldawson@hka.com

Event Studies in the Age of Digital Assets

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Event Studies in the Age of Digital Assets

Event studies have been a long-trusted tool for measuring how significant events can influence the price of a company’s stock. For decades, they have underpinned damage quantification in disputes related to traditional securities. However, the financial landscape is evolving. Digital assets, spanning cryptocurrencies like Bitcoin, stablecoins, and non-fungible tokens (NFTs), are recognised in the global markets. Bitcoin alone commands a market capitalisation of approximately USD 1.8 trillion, with more than 700 million individuals worldwide owning cryptocurrency, and 71% of institutional investors allocated to digital assets as of mid-2025.[1] This explosive growth has been mirrored by a sharp rise in crypto-related litigation, with U.S. court filings increasing more than tenfold in the past decade.[2]

Against this backdrop, a critical question emerges for valuation experts and litigators alike: can the event study methodology, with its historic applications so heavily enmeshed with the traditional stock market, also be generalised to disputes involving digital assets?

This article argues that event studies can still be an effective tool for causal analysis in the digital asset space, but only if the practitioner makes the necessary accommodations for the event study’s underlying assumptions to hold in that context.

Event Studies in the Stock Market

Event studies are widely used in securities-related legal disputes, particularly in class action litigation cases involving alleged manipulations or securities fraud. Their purpose is to estimate how a specific event impacts returns (i.e., the price movements of a stock). This is conducted in three broad steps:

  1. Estimate the counterfactual: this is the return that would have prevailed on the event date if the event had not occurred. It is also called the ‘expected return.’
  2. Calculate the impact: this is the difference between the actual returns observed on the event date and the expected return. This difference is called the ‘abnormal return.’
  3. Conduct statistical inference: This step assesses whether abnormal returns are indicative of a ‘real’ impact or simply arose due to chance.

While event studies have proven to be effective in securities litigation, their application within that context presents several well-documented challenges.[3]

Event Studies with Digital Assets

The overarching procedure for estimating price impacts for digital assets is broadly similar to that used for securities. Furthermore, many of the statistical limitations that emerge when applying event studies to securities also hold for digital assets. However, the fundamental differences between the stock market and the digital asset market are such that the underlying framework of an event study may need to be tailored to suit the market in question for results to be accurate. We explore a subset of these divergences and their implications for event studies below.

Valuation of the underlying asset

A stock is ultimately a claim on a company’s future cash flows. This means that the value of a stock can be anchored to valuation fundamentals, such as earnings, dividends, and the risk profile of the business. While event studies do not estimate the intrinsic value of a stock, they are derived from fundamentals to create a credible baseline for what the expected return of a stock should be.

Digital assets, by contrast, do not have stable cash‑flow ‘anchors’: prices coevolve with network adoption, protocol incentives, and security (e.g., hash rate). These factors make it more difficult for equities-based event studies to establish an accurate ‘expected’ return, which may distort impact estimates.[4] Furthermore, digital asset prices are generally much more volatile than equities prices, which may make it difficult for traditional event studies to distinguish meaningful price changes from ‘noise.’[5]

Market centralisation

Equity markets are organised around centralised exchanges that operate under uniform trading rules, disclosure standards, and regulatory oversight. Companies listed on these exchanges largely share exposure to common macroeconomic conditions, such as interest rates and monetary policy. These factors foster a broad co-movement in stock prices, which is important for both the conceptual and empirical validity of an event study. Conceptually, this aligns with the financial theory that an even study is rooted in. Empirically, event studies leverage this through using broad market indices (e.g., the S&P 500) and/or sector-specific indices (e.g., the NASDAQ-100 Technology Index) to produce credible estimates of expected returns.

By contrast, digital assets have fragmented platforms, trade globally, and operate under unique technical protocols that define each blockchain network. As a result, price movements may be driven by asset specific or exchange-specific factors rather than by broad market movements.[6] Consequently, event studies calibrated with broad indices may fail to accurately and precisely estimate expected returns.

Trading Continuity and Market Composition

Equities markets typically operate within fixed trading hours that define the trading day, and are dominated by large, sophisticated, and well-informed institutional investors. Event studies leverage this structure to identify impacts by assuming that:

  • events occur within discrete, well-defined windows of time;[7]
  • investors behave rationally and optimally.

The structure of equities markets increases the likelihood that these conditions are met, such that event studies can produce valid estimates.

However, digital asset markets operate on a 24/7 basis; therefore, event studies may struggle to estimate event impacts due to the event window being poorly defined.[8] Additionally, the investor pool is skewed towards retail investors who tend to be smaller, more sentiment-driven, and less well informed than their institutional counterparts. This market composition may invalidate some of the event study’s assumptions, while amplifying some of the aforementioned issues.[9]

Potential mitigations

The points outlined above may cause event studies to produce inaccurate and imprecise estimates. This point is crucial as it may have large implications for the quantum of damages claimed. Nevertheless, practitioners can potentially mitigate some of these issues through implementing the following strategies:

  1. Expand the market model: enriching market models by explicitly incorporating the specific factors that determine the returns of the digital asset in question can improve the accuracy and precision of expected returns estimates. Practitioners can combine detailed domain knowledge with quantitative techniques, such as cross-validation, to enhance conceptual validity and empirical performance.
  2. Use more flexible estimation approaches: market models typically rely on linear regressions, which may be too restrictive to capture the often volatile and complex price patterns of digital assets. Using more flexible empirical approaches may improve estimation of causal impacts.[10] However, practitioners must strike a balance between pure performance and ease of explanation when selecting their models, particularly within the dispute space.
  3. Applying rolling/sliding event windows: where the event window is not clear cut, rolling windows can be used to assess how the event’s impact evolved over time and isolate ‘where’ the event is most likely to have peaked.[11] However, practitioners must bear in mind the potential ramifications that rolling windows can have on the interpretation of reported impacts and statistical inference.

Overall, event studies hold the potential to be a valuable tool for causal discovery in the digital asset space. However, the correct accommodation, such as those outlined above, must be made with care and communicated clearly when they are necessary. Failing this, estimated impacts and damages may vastly diverge from the truth.

Why HKA?

At HKA, our team of economic experts has built a strong reputation for developing rigorous, innovative solutions for clients navigating digital asset disputes and other high‑value economic challenges. Our experts combine deep technical capability with extensive sector insight including a sophisticated understanding of the digital asset ecosystem and advanced expertise in econometric modelling and statistical analysis. This blend of specialist knowledge allows us to deliver clear, evidence‑based assessments on matters involving digital assets, market dynamics, valuation, and complex economic questions.

For more information or to discuss how we can assist, please contact:.

Ucindami Mafeni

Senior Managing Consultant

ucindamimafeni@hka.com

Alexandros Achilleos

Senior Managing Consultant

alexandrosachilleos@hka.com


[1] Cryptocurrency Adoption by Institutional Investors Statistics 2025 • CoinLaw

[2] Crypto Litigation: Parent Companies and Industry Segments at a Glance.

[3] These limitations are well documented and include: (i) limited ability to account for confounding events; (ii) incorrect modelling of counterfactual price; (iii) low statistical power to determine true price impacts; and (iv) incorrect inference when dealing with multiple events. See Event Studies in Securities Litigation: Low Power, Confounding Effects, and Bias 93 Washington University Law Review 2015-2016

[4] This is also known as bias, whereby estimated impacts differ from their true value.

[5] This is known as low statistical power, whereby the practitioner is more likely to dismiss an impact as statistically meaningless despite the impact being real. Academic evidence suggests event studies applied to equities may also suffer from low statistical power, but this may be exacerbated when applied to digital assets.

[6] Some examples include regional legislation, protocol-specific developments (e.g., upgrades or outages) and sentiment shocks amplified by social media.

[7] This is validated by anchoring events to market openings and closings, and calendar days.

[8] For instance, price reactions to the same event may be staggered across geographies due to varying speeds of news diffusion and when the event occurs in local time, creating a blurry event window.

[9] For instance, retail investors’ inattention, irrationality (e.g., excess ‘hype’ resulting from social media) or limited capacity to determine the underlying value of digital assets may increase price volatility. See ’The inefficiency of Bitcoin’ for a detailed discussion of some of these points. However, market composition will vary by asset and coin. For example, retail investors would be a smaller share of Bitcoin holders but could be the sole holders of other coins, such as ‘meme coins.’ Furthermore, the composition of the overall digital asset market is likely to shift in the long run as more institutional investors enter the market, thereby reducing the hurdle of market composition in empirical analysis.

[10] Potential alternatives include Bayesian methods, Synthetic Control Methods, Machine Learning methods, and advanced Time Series techniques that account for excess volatility (e.g. GARCH models).

[11] For example, assessing the cumulative abnormal over incrementally growing windows (e.g. hours 0-2 after the event, then hours 0-4, etc.) can determine the speed and saturation of the impact. Estimating the abnormal returns over mutually exclusive bins (e.g. hours 0-2, 2-4, etc.) allows for cleaner attribution of the event’s impacts.


HKA Expert Published in International Construction Law Review: Dr Franco Mastrandrea examines whether modern notice provisions have gone too far

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HKA Expert Published in International Construction Law Review: Dr Franco Mastrandrea examines whether modern notice provisions have gone too far

We are pleased to announce that Franco Mastrandrea, HKA Partner, and regular contributor on construction disputes, has been published in the latest edition of the International Construction Law Review.

In his article, “Notice Provisions: A Modern Cult Lacking Balance?”, Franco offers a thought provoking and critical examination of the increasingly stringent notice regimes found in today’s major construction contracts, using the backdrop of the FIDIC 2017 Red Book General Conditions. Drawing on his extensive international expert and dispute resolver experience, he explores whether these tightly drawn notice provisions achieve the balance claimed for them and genuinely promote better project management, or function as severe contractual tripwires that can unfairly disadvantage users, particularly contractors.

The article explores:

  • the seemingly inexorable rise of formal, time‑barred, notice regimes
  • the claimed justifications for their use
  • the gradual judicial erosion of reasons why such provisions might justifiably not be strictly enforced, and the attendant reduction in successful defences against them
  • the often dramatic consequences of a failure to comply with such notice requirements, including double exposure for the party failing to give the notice 
  • what, if any, relief there may yet be for failure to comply with such requirements
  • what might be done to bring some broader balance into such provisions
  • what the outcomes might instead look like if the claimed justifications for enforcing such provisions were reflected in the valuation remedies available to the party entitled to the notice   

Franco argues that without recalibration, notice provisions risk undermining the claimed fair and balanced risk/reward allocation between the contracting Parties often promoted by their drafters.

Subscribers to i-law.com can read the full article here: https://www.i-law.com/ilaw/doc/view.htm?id=451099

To get in touch directly, please contact Franco Mastrandrea who welcomes discussion with practitioners, in‑house teams or project leaders who want to explore the topic further or consider its implications

Dr Franco Mastrandrea

Partner

francomastrandrea@hka.com

Expert Profile

For more information about HKA, visit hka.com and connect with us on LinkedIn, X (formerly Twitter, @HKAGlobal) and Facebook.

Media contact

NameJill Dawson
TitleSenior Marketing and Communications Manager
Number+44 20 7618 1200
Emailjilldawson@hka.com

What’s Changing in Global Construction Disputes

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What’s Changing in Global Construction Disputes

HKA is pleased to announce the publication of a new article by HKA Principal, Huseyin Karanci, featuring in the February ’26 edition of Building Design & Construction. The piece, titled “CRUX 2025: Are Construction Disputes Finally Turning a Corner?”, highlights key findings from HKA’s 8th Annual CRUX Insight Report, From Insight to Foresight.

Drawing on data from more than 2,200 distressed projects worldwide, the report reveals genuine signs of improvement in parts of the global construction ecosystem. Although challenges remain, especially for megaprojects, CRUX 2025 points to a sector beginning to manage disputes more effectively, with notable reductions in extensions of time and design related issues across multiple regions.

The article examines:

  • Shifting patterns in dispute causation
  • Improvements in contract management and design performance
  • Rising pressure around cashflow and payment
  • The widening gap between megaprojects and smaller projects
  • Regional differences and persistent risk hot spots
  • The lasting impact of COVID‑19 on global project outcomes

Huseyin Karanci also contributed to this year’s CRUX Insight Report through a detailed interview, adding his frontline perspective to the global analysis. In the article he sets out why this year’s findings may mark a meaningful turning point, and why the industry must build on this progress rather than lose momentum.

The full article is available here, and you can explore the complete CRUX dataset and insights at www.hka.com/crux.

For more information about HKA, visit hka.com and connect with us on LinkedIn, X (formerly Twitter, @HKAGlobal) and Facebook.

Media contact

NameJill Dawson
TitleSenior Marketing and Communications Manager
Number+44 20 7618 1200
Emailjilldawson@hka.com

​HKA Experts Highlight Growing Importance of Country Risk in Investment Arbitration​

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​HKA Experts Highlight Growing Importance of Country Risk in Investment Arbitration​

As companies increasingly pursue investment opportunities beyond their local markets, the risks associated with operating in less stable jurisdictions have become a critical factor in international disputes.

In a recent article published in Lexology’s Investment Treaty Arbitration report, three HKA experts, Michael Laming, Juan Francisco Nasser and Rebecca Vélez examine the pivotal role of country risk in damages assessments and the growing expectations of arbitral tribunals for nuanced, credible, and transparent expert evidence.

Country risk encompasses political, economic, financial, and institutional uncertainties that can significantly impact the fair market value of investments. The article explores how tribunals are engaging more deeply with these complexities, particularly in relation to expropriation risk and country risk premiums, and why expert testimony must bridge the gap between theory and practice.

“Tribunals are no longer passive recipients of expert evidence, they expect sophisticated methodologies grounded in objective data, clear assumptions, and transparent reasoning to support informed decisions. Diverging views on issues such as expropriation risk and country risk premiums often lead to significant differences in valuation, creating challenges for tribunals seeking clarity. Bridging the gap between theory and practice is essential. Experts must ground assessments in objective data, consider case-specific characteristics, and clearly communicate assumptions and reasoning.”

Juan Francisco Nasser, Partner

The insight underscores the importance of credible methodologies, and the diversity of approaches, ranging from sovereign default measures to advanced regression analysis, and the need for alignment with principles of full reparation. As tribunals demand greater rigor, damages experts play a pivotal role in ensuring fair and informed outcomes.

You can read an extract of the report here: Assessing Country Risk in International Arbitration: Evolving Expectations for Expert Evidence – Lexology.


Media contact

NameJill Dawson
TitleMarketing and Communications Senior Manager
Number+44 20 7618 1200
Emailjilldawson@hka.com

FCA poised to extend its remit to the legal sector

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FCA poised to extend its remit to the legal sector

The UK legal sector is approaching a significant change in anti-money laundering (AML) oversight, following the Government’s confirmation that the Financial Conduct Authority (FCA) will become the Single Professional Services Supervisor (SPSS) for AML and counter-terrorist financing across the UK’s legal and accountancy sectors.

Under the proposal, responsibility will move from 22 professional body supervisors, including nine legal-sector regulators, to a single independent authority. This reform responds to longstanding concerns raised by the Financial Action Task Force (FATF) and aims to deliver stronger, more consistent oversight ahead of the UK’s next mutual evaluation in August 2027.

The FCA currently supervises over 17,000 firms for AML. Its remit would expand to nearly 60,000, including 7,500 legal sector firms. HM Treasury launched a consultation on 6 November 2025, open until 24 December 2025. While final details are pending, HKA recommends firms use this period to review their frameworks and prepare for a transition to FCA supervision.

“This is a fundamental shift in supervisory culture. The FCA will expect legal firms not only to comply with AML rules, but to demonstrate that their controls work in practice. Firms need to prepare now to meet these expectations.”

Priya Giuliani, Partner, HKA

The FCA’s data-led, enforcement-heavy model contrasts sharply with the guidance-based approach taken by legal supervisors. In financial services, the FCA issues millions in AML fines annually, deploys Skilled Person reviews, and imposes business restrictions where controls fall short. The largest SRA AML fine last year was £300,000 a figure broadly equivalent to the lowest FCA AML fine in 2023/24.

“Firms should treat 2026 as a transition year. Strengthen your firm-wide risk assessment, upgrade governance, and ensure you can evidence control effectiveness. By acting now, firms can position themselves to meet tightened expectations, protecting clients and reputations as the regulatory landscape evolves.”

Priya Giuliani, Partner HKA

Key areas for review include:

  • Reviewing firm-wide risk assessments to ensure they are robust and data-driven.
  • Building clear audit trails that demonstrate controls work in practice.
  • Strengthening governance and accountability, including senior management oversight.
  • Assessing outsourced AML processes to ensure risks are understood and managed effectively.

HKA’s financial crime team includes former regulators, investigators, Money Laundering Reporting Officers (MLROs), and Skilled Persons with decades of FCA supervision experience. The firm supports organisations in assessing and improving AML frameworks, governance, and control effectiveness.

Media contact

NameJill Dawson
TitleSenior Marketing and Communications Manager
Number+44 20 7618 1200
Emailjilldawson@hka.com
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