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Rowena specialises in Financial Services Law and Regulation and has around 10 years experience in the Enforcement Legal Group at the (then) Financial Services Authority and its successor the Financial Conduct Authority. Rowena has been involved in a wide range of regulatory cases and litigation in the Upper Tribunal (Tax and Chancery Chamber), the High Court, Court of Appeal and Supreme Court at the FSA, FCA, the Treasury Solicitor and Government Legal Department.
Rowena originally qualified as a solicitor in 2001 and worked in private practice before joining the Treasury Solicitor. During her time in Central Government she was instructed in general private law litigation, immigration and other judicial review matters. Rowena has particular expertise in providing regulatory investigation support, interview planning, advice on regulatory breaches and contested authorisation and registration matters, including contentious fitness and propriety assessments. She is also has expertise in the field of Equality, Diversity and Inclusion.
Rowena is able to provide a full complement of investigation support, including ongoing advice on limitation assessments, the scope of investigations, interview planning, drafting disciplinary notices, advice on evidence and advice on penalty and settlement. Rowena has a particular interest and expertise in Change in Control notifications, Cryptocurrency Registrations under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, contested applications for authorisation and approval and advising on fitness and propriety assessments under the Senior Managers and Certification Regime. She also has experience in Skilled Persons reviews, Bribery and Corruption Investigations and Systems and Controls regulatory matters.
Rowena has considerable expertise in medical disciplinary matters and acts in substantive hearings as well as interim order applications and reviews.
Rowena has considerable experience in investigation support, including advising on complex and large-scale disclosure exercises. She has also been instructed to act in crytpo cases in respect of internal systems and controls and AML/CTF compliance, as well as business-wide risk assessments and individual fitness and propriety assessments.
Rowena regularly acts for regulators in medical disciplinary cases, in respect of misconduct most notably dishonesty, as well as competence and capability issues.
reasons-valydon-ftpcsh-78719-20230519.pdf (nmc.org.uk)
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Rowena Wisniewska has written a case analysis in partnership with LexisNexis UK.
Rowena Wisniewska Sethi and Ilana Hirschberg talk to Legal Women UK about flexibility in the workplace and how this impacts workplace retention.
Rowena talks to Legal Women UK about the intricacies of Stalking and the legal remedies available to victims.
Pensions analysis: In Lefort v Revenue and Customs Commissioners, the First-tier Tribunal (the FTT) dismissed the appeal by Mr Lefort (the Appellant) against the revocation of his Fixed Protection 2014 (FP 2014) certificate by His Majesty’s Revenue and Customs (HMRC).
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Rowena Wisniewska (barrister) and Isabella Taylor (current pupil) have written an article for Lexis Nexis entitled 'Tribunal varies ‘disproportionate’ escalating penalty issued by the Pensions Regulator (Cambridge Rare Books Ltd v Pensions Regulator)'
Rowena Wisniewska (barrister) and Isabella Taylor (current pupil) have written an article for Lexis Nexis entitled 'Tribunal finds it has no jurisdiction to supervise the exercise of HMRC’s discretion (Haigh v HMRC)'.
A September to remember...
Pensions Regulator’s Defined Benefit Funding Code of Practice-a new funding regime commences
What are the practical implications of this case? What was the background? What did the court decide?
Financial Services analysis: In a preliminary hearing of Mr Burdett’s and Mr Goodchild’s (the Applicants) referrals to the Upper Tribunal (UT) of decision notices (the Notices) issued to them by the Financial Conduct Authority (FCA), the Tribunal made a number of rulings on the Applicants’ and FCA’s procedural applications.
What was the background to the Pensions Ombudsman’s decision? What was the Pensions Ombudsman's decision? What are the implications for pension schemes?
Rowena Wisniewska Sethi, barrister and Benedict Scantlebury, pupil at 4-5 Gray’s Inn Square look at: What are the practical implications of this case? What was the background? What did the Tribunal decide? Case details
Rowena Wisniewska Sethi talks about the practical implications of the case, the background, the court's decision and the case details
Rowena Wisniewska and Ilana Hirschberg discuss the background, decisions and practical implications of The First Tier Tribunal (the FTT) allowing two of three appeals brought by pension administrator NBC against HMRC.
Rowena Wisniewska and Ilana Hirschberg analyse a recent Upper Tribunal decision on an e-money institution, denying Nvayo Ltd's attempt to suspend restrictions imposed by the FCA surrounding anti-money laundering deficiencies tied to Nvayo's owner's legal case.
The Scottish Court of Session has refused a petitioner’s first plea in law, rendering their petition incompetent with regard to section 11A of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) and refusing the petition.
Following the Financial Conduct Authority’s (FCA) Access to Cash Statement of Policy in August 2023, the FCA launched consultation paper CP29/23: Access to cash, which proposed new rules to ensure that consumers continue to have access to cash.