The FSA sought injunctions to restrain the activities of the first defendants, including asset freezing orders under section 380 of the 2000 Act. The defendant’s bankers objected that they would be prejudiced by the restrictions without the FSA giving an appropriate undertaking as to damages. Held: The appeal was dismissed. There is no general rule … Continue reading The Financial Services Authority v Sinaloa Gold Plc and Others: SC 27 Feb 2013
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The provider of endowment insurance, has a duty of utmost good faith to an insured, but need disclose only matters which are material to the risk. Such facts need not include every fact which might affect the decision to enter into any contract collateral to the insurance contract. Duties under the Financial Services Act did … Continue reading Norwich Union Life Insurance Society v Qureshi and Another; Aldrich and Others v Norwich Union Life Insurance Co Ltd: CA 13 Aug 1999
Proof of corruption not needed for bribe In establishing that money was paid as an improper inducement or bribe, proof of corruptness or a corrupt motive was unnecessary. When a court looks at a decision of a judge at first instance, the court stressed the need to look at the objective facts and the overall … Continue reading Armagas Ltd v Mundogas SA (‘The Ocean Frost’): CA 1985
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to … Continue reading AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003
Judges: Hildyard J Citations: [2013] EWHC 680 (Ch), [2013] Lloyd’s Rep FC 351 Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Financial Services, Company Updated: 14 November 2022; Ref: scu.472045
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
A reinsurance contract which contained a clause which provided that no settlement or compromise of a claim could be made or liability admitted by the insured without the prior approval of the reinsurers. The court considered how the discretion to approve a settlement must be exercised. Held: What was proscribed in all of them was … Continue reading Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd: CA 3 Jul 2001
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014
A computer giving advice of share sale holding and selling positions was giving advice regulatable under the Financial Services Act, and the company selling the software committed the offence when the software was sold even though ‘advice’ was much later. Citations: Gazette 03-Sep-1998, Times 31-Jul-1998 Statutes: Financial Services Act 1986 Sch 1 Para 15, Insolvency … Continue reading In Re Market Wizard Systems (UK) Ltd: ChD 31 Jul 1998
The claimants were interested under a pension scheme. Alterations had been made, which the said had been in error, and they sought rectification to remove a link between early leaver benefits and incapacity benefits. The defendant trustees agreed that there had been a mistake, but chose not to correct it. The potential cost to the … Continue reading AMP (UK) Plc and Another v Barker and Others: ChD 8 Dec 2000
Judges: Neuberger J Citations: [2000] PLR 339, [2000] Pens LR 339, [2001] OPLR 37, [2000] EWHC Ch 457 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Horton v Henry CA 7-Oct-2016 No obligation on bankrupt to draw on pension fund The trustee in bankruptcy appealed against a decision dismissing his application for an … Continue reading Barclays Bank Plc v Holmes and others: ChD 21 Nov 2000
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The defendant solicitors had negligently advised the claimant in connection with a mortgage scheme he operated for customers. His case was that the defendants had negligently failed to advise him to register under s3 of the 1986 Act. The claimant had to underwrite his customers’ losses because of his failure to register. The SIB began … Continue reading Robert Mark Gordon v J B Wheatley and Co (a Firm): CA 24 May 2000
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005
IVA is a special form of contract Liquidators asked the court whether sums sought by the insolvent company’s landlords were payable and or provable. Under an IVA, the copany had been paying reduced rents, but the arrangement document provided that the full rents would be restored on its cessation. The liquidators challenged the clause as … Continue reading Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd: ChD 6 Mar 2018
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that she had not received a letter informing her of the consequences of not accepting an … Continue reading Tomlinson and Others v Birmingham City Council: SC 17 Feb 2010
The bank had been put into administrative receivership, and the court was now asked as to how distributions were to be made, and in particular as to the application of the equitable rule in Cherry v Boultbee in the rule against double proof as it applies in situations involving guarantees and other sureties. Held: The … Continue reading In re Kaupthing Singer and Friedlander Ltd: SC 19 Oct 2011
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
