Charles Herbert

Partner & Head of Regulatory | London (City)

Charles Herbert Photo

Charlie leads the firm's Regulatory practice. He joined Doyle Clayton to set up its regulatory service having worked in the Bank of England as well as in the financial services sector in senior regulatory and advisory roles.

He advises regulated organisations and individuals on compliance with their regulatory obligations with particular focus on supporting those who are the subject of regulatory investigations and disciplinary proceedings throughout the process. This sees him work closely with senior executives, General Counsel, in-house legal teams and HR directors as well as compliance and press teams across various professional services firms.

Prior to joining Doyle Clayton, Charlie was legal counsel in the Bank of England's Enforcement and Litigation Division, in-house as a senior solicitor in the Contentious Regulatory Team at Santander UK plc and in the litigation team of a leading national law firm.

Regulated firms and individuals Charlie advises include -

  • Financial services firms and individuals - regulated by the FCA (Financial Conduct Authority) and the PRA (Prudential Regulation Authority).
  • Auditors, actuaries and accountants - regulated by the FRC (Financial Reporting Council). 
  • Law firms, solicitors and barristers - regulated by the SRA (Solicitors Regulation Authority) and the Bar Standards Board.

Examples of his recent work include -

  • Regulatory investigations - advising both regulators and subjects throughout the process in various regulatory investigations into deposit takers and insurers. 
  • Redress exercises - advising on next steps following the issue of an FCA Final Notice and supporting on a customer contact exercise, provision of customer redress and annual review process. Finalising customer correspondence, internal scripts for staff and FAQs prior to submission to the designated s.166 Skilled Person and the FCA.
  • Regulatory powers - advising on the imposition of requirements and variation of an insurance firm’s permission on the regulator’s own initiative.
  • Regulatory interview - advising on the process and opportunity to make representations following interview by the regulators of a company secretary and the CEO of a global deposit taker. Panel member on second interview for a senior role at a recognised clearing house. Advising senior individuals on the legal context for the interview and consequences and procedure in the approval and rejection process. 
  • Policy - establishment of the Enforcement Decision Making Committee - working on a key piece of policy in financial services - the establishment of the Bank of England’s Enforcement Decision Making Committee (EDMC) which is the Bank’s equivalent of the FCA’s Regulatory Decisions Committee (RDC). This required the drafting and publication of consultation papers and preparation of policy statements for publication and required extensive engagement with the Bank’s senior management including briefing to the Court of Directors, the Prudential Regulation Committee and the Financial Market Infrastructures Board.
  • Data protection - advising on a dispute with data protection considerations involving the storage of sensitive customer data. Working closely with the Data Protection team of a major financial services firm to ensure resolution of the claim and the provision of a report to the ICO.
  • Regulatory review - working on the preparation for an HM Treasury-directed Regulatory Review.  
  • Internal investigation - leading an internal investigation following receipt of a Production Order. Coordinating response within agreed time frames and advising around document retention and production.
  • Conduct of consumer credit reviews - assisting and coordinating Compliance and Operations teams and drafting correspondence to the Financial Conduct Authority (FCA).
  • Interest rate hedging products - advising members of the Executive Committee of a major financial services firm on specific cases and supporting the organisation’s IRHP review team.
  • Money laundering - member of the Joint Money Laundering Intelligence Taskforce. Advising the Financial Crime team of a major institution on project scope, relevant legislation and the terms of agreement between participating organisations. 
  • Internal procedures - drafting internal procedures on consumer credit complaints with reputational interest and advising on responses to the Financial Ombudsman Service.

Outside of client work -

Charlie regularly provides training for the firm's clients on regulatory developments such as the Senior Managers and Certification Regime (SM&CR), particularly on issues surrounding fitness and propriety, reporting requirements and regulatory references. He continues to develop his associations with additional regulated entities, including building societies, friendly societies and credit unions, and remains engaged in the progress of Fintech companies. 

Experience and qualifications - 

  • Qualified in June 2007
  • Specialist in Regulatory Law since 2007

Education and professional memberships -

  • BPP Law School - Postgraduate Diploma in Law/Legal Practice Course
  • University of Exeter - LLB Joint Honours History and Ancient History
  • The Law Society
  • ARDL - Association of Regulatory and Disciplinary Lawyers
  • FSLA - Financial Services Lawyers Association

To get in touch with Charlie, please phone +44 (0)20 7778 7231, email him at or connect on LinkedIn.

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