Part 8 claim brought by Santander UK plc under Part VII of the Financial Services and Markets Act 2000 for the sanction of a banking business transfer scheme. . .
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Imposition of fines . .
Application for sanction of an insurance business transfer scheme . .
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The court had made an order transferring the insurance business of the company. The question arose as to whether it also had the right to transfer the benefit of contracts of re-insurance, which could at common law, only be transferred by consent of . .
The defendant company resisted disclosure of documents saying that they had been supplied by the Financial Services Authority in confidence, and that to disclose them would be an offence. Held: The information had already in principle been known to the defendants before the FSA investigation, and were not protected from disclosure. Judges: David Richards J … Continue reading Real Estate Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd and others: ChD 15 Dec 2006
The defendant appealed against a finding that the pooled betting scheme they operated was governed by the Act. Held: Whether such an arrangement amounted to a collective investment scheme so as to be regulated was first a question of fact as to whether there was a single set of arrangements so as to constitute a … Continue reading Financial Services Authority v Fradley and Woodward: CA 23 Nov 2005
Insurance business transfer scheme Judges: Henderson J Citations: [2015] EWHC 3572 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000 111(1) Jurisdiction: England and Wales Insurance Updated: 27 June 2022; Ref: scu.556754
Financial Services and Markets Act 2000 – application under s55A for permission to carry on regulated activities – whether applicant fit and proper. Held: L is a person of honesty and integrity. He has been subjected to an unjustified accusation. He has acted and may be expected to act with probity. We remit the application … Continue reading AFC Ltd v Financial Conduct Authority: UTTC 5 Feb 2016
FSMT REASONS FOR DIRECTIONS – application for a costs order in respect of the previous hearing – allowed in part application for a direction that certain questions be detennined at a preliminary hearing – allowed in part application for directions requiring the Respondent to provide further infonnation and to file further documents and for associated … Continue reading Thomas v The Financial Services Authority: FSMT 22 Sep 2004
Judges: Snowden J Citations: [2018] EWHC 2818 (Ch), [2019] Bus LR 307, [2018] WLR(D) 668 Links: Bailii Statutes: Financial Services and Markets Act 2000, Companies (Cross-Border Mergers) Regulations 2007, Parliament and Council Directive 2017/1132 Jurisdiction: England and Wales Financial Services Updated: 17 June 2022; Ref: scu.628923
FSMT PERFORMANCE OF REGULATED ACTIVITIES – Respondent’s refusal to approve performance by Applicant of controlled functions – three preliminary issues – whether Respondent in breach of time limit in section 61(3) – yes – Whether that made the warning notice and the decision notice void – no – whether the fact that the Respondent has … Continue reading Davidson v The Financial Services Authority: FSMT 9 Aug 2004
FSMT DISCIPLINARY POWERS – amount of penalty determined by Interim Tribunal – whether fresh evidence has come to light about ability to pay – whether determination of Interim Tribunal justified in the light of the fresh evidence – whether penalty should be reduced – public censure in the alternative – matter remitted to Authority with … Continue reading Piggott v Financial Services Authority: FSMT 13 Jun 2003
The court considered issues arising on an application by the regulator for an injunction to restrain the defendant operating what it said was an unregulated share dealing scheme. Barclays Bank, bankers to the main defendant complained that as third party creditors of the company they would be prejudiced by the intervention. The FSA offered no … Continue reading Financial Services Authority v Sinaloa Gold Plc and Others: ChD 25 Jan 2011
Judges: Vos LJ Citations: [2014] EWCA Civ 770 Links: Bailii Statutes: Financial Services and Markets Act 2000 56 Jurisdiction: England and Wales Financial services Updated: 09 June 2022; Ref: scu.526265
UTTC FINANCIAL SERVICES – Decision Notice refusing permission for authorisation to carry on debt adjusting and debt counselling activities-whether giving of Decision Notice terminated Applicant’s Interim Permission to carry on those activities-Yes-Article 58 Financial Services and Markets Act 2000 (Regulated Activities) (Amendment (No 2)) Order 2013 – s133A (4) FSMA Citations: [2016] UKUT 18 (TCC) … Continue reading PDHL Ltd v Financial Conduct Authority: UTTC 28 Jan 2016
UTTC DECISION NOTICE – publication – whether Upper Tribunal should prohibit publication on grounds of potential serious reputational damage prejudice to civil proceedings or possible settlement discussions – FSMA 2000 S.391– Trib Proc (UT) Rules 2008 14(1) and Sch 3 para 3(3) Citations: [2012] UKUT B28 (TCC) Links: Bailii Statutes: Financial Services and Markets Act … Continue reading Arch Financial Products Llp and Others v Financial Services Authority: UTTC 30 Nov 2012
The Financial Services Authority sought public interest orders for the winding up of three companies selling, it said, extended warranty cover plans without authorisation. The companies said that authorisation was not required, since only services in kind, namely repairs, were provided. Held: The orders were made. Warren J rejected that argument that the services were … Continue reading Re Digital Satellite Warranty Cover Ltd and Others: ChD 31 Jan 2011
The application raises questions about the meaning of the expression ‘person discharging managerial responsibility’ (PDMR) in section 90A and Schedule 10A of the Financial Services and Markets Act 2000 Citations: [2022] EWHC 1081 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000 90A Jurisdiction: England and Wales Financial Services Updated: 02 June 2022; Ref: … Continue reading Allianz Global Investors Gmbh and Others v G4S Ltd: ChD 10 May 2022
Judges: Collins J Citations: [2009] EWHC 2242 (Admin) Links: Bailii Statutes: Financial Services and Markets Act 2000 165 Jurisdiction: England and Wales Cited by: Appeal from – Financial Services Authority (FSA) and Others v AMRO International Sa and Another CA 24-Feb-2010 The FSA appealed against an order refusing its request for inquiries and production of … Continue reading AMRO International Sa and Another, Regina (On the Application of) v The Financial Services Authority and Others: Admn 25 Aug 2009
‘This case raises for the first time before the Court of Appeal the approach that the court should adopt in dealing with applications to sanction transfers of insurance business under Part VII (‘Part VII’) of the Financial Services and Markets Act 2000′ Citations: [2020] EWCA Civ 1626 Links: Bailii Jurisdiction: England and Wales Insurance, Financial … Continue reading Re Prudential Assurance Company Ltd and Rothesay Life Plc: CA 2 Dec 2020
The authority sought an order restraining the defendants from operating a pool betting scheme whilst unauthorised. The defendant answered that it was not a collective investment scheme. Held: Where any property was acquired which was distinct from the contributions made, a collective scheme was created. That extra property might be something as little as a … Continue reading Financial Services Authority v Fradley and Another: ChD 21 Oct 2004
Judges: Snowden J Citations: [2019] EWHC 312 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000 Jurisdiction: England and Wales Financial Services Updated: 09 May 2022; Ref: scu.634389
Judges: Lewison, Newey, Snowden LJ j Citations: [2022] EWCA Civ 397, [2022] WLR(D) 142 Links: Bailii, WLRD Statutes: Financial Services and Markets Act 2000 21 Jurisdiction: England and Wales Financial Services Updated: 25 April 2022; Ref: scu.675282
The complainant asked the FSA for information relating to the calculations they completed to work out weighted average mortgage interest rates. These rates are supplied by the FSA to the Office for National Statistics for publication and are used to calculate the Mortgage Interest Rate of Relief. The FSA provided the complainant with an explanation … Continue reading Financial Services Authority (Decision Notice): ICO 26 Sep 2005
The complainant sought information from the Financial Services Authority (‘FSA’) that was generated by and/or considered during the FSA investigation of his complaint against HSBC Investment Bank plc. The FSA refused to disclose certain information relying on section 44 of the Freedom of Information Act 2000 citing section 348 of the Financial Services and Markets … Continue reading Financial Services Authority (Decision Notice): ICO 4 Sep 2007
Citations: [2018] EWHC 1034 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000 Jurisdiction: England and Wales Financial Services Updated: 22 April 2022; Ref: scu.616142
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
Citations: [2018] EWCA Civ 71 Links: Bailii Statutes: Financial Services and Markets Act 2000 Jurisdiction: England and Wales Financial Services Updated: 04 April 2022; Ref: scu.604144
Judges: Hildyard J Citations: [2017] EWHC 3530 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000 Jurisdiction: England and Wales Financial Services, Banking Updated: 03 April 2022; Ref: scu.602662
The complainant requested under the Freedom of Information Act 2000 any communications between the public authority and ministers or officials in the Government of Iceland, the Icelandic FSA and the Central Bank of Iceland regarding Landsbanki that were forwarded to the Treasury between 4 October 2008 and 8 October 2008. The public authority provided some … Continue reading Financial Services Authority (Decision Notice): ICO 31 Aug 2011
UTTC FINANCIAL SERVICES – FSMA s 123 – financial penalty – FSMA s 118(5) – whether conduct of Applicant constituted market abuse – FSMA s 56 – prohibition order – whether Applicant a fit and proper person Citations: [2012] UKUT B25 (TCC) Links: Bailii Statutes: Financial Services and Markets Act 2000 56 123 118(5) Jurisdiction: … Continue reading David John Hobbs v Financial Services Authority – FS/2010/0024: UTTC 22 Nov 2012
Application for approval of transfer of insurance business. Citations: [2017] EWHC 2134 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000 Jurisdiction: England and Wales Insurance Updated: 29 March 2022; Ref: scu.593151
The complainant made a freedom of information request to the public authority for information it held in relation to concerns it had about the management of the Leeds City Credit Union. The public authority refused the request under section 31 (Law Enforcement); section 40 (Personal information); section 43 (Commercial Interests) and section 44 (Prohibitions on … Continue reading Financial Services Authority (Decision Notice): ICO 1 Sep 2010
UTTC FINANCIAL SERVICES – regulated mortgage business – whether applicant fit and proper to carry out any controlled function involving exercise of significant influence – prohibition order – FSMA 2000, s56 Citations: [2012] UKUT B29 (TCC) Links: Bailii Statutes: Fincial Services and Markets Act 2000 56 Jurisdiction: England and Wales Financial Services Updated: 27 March … Continue reading Thommes v Financial Services Authority: UTTC 12 Dec 2012
The claimant had complained that the appellant Authority had made public a penalty imposed on a former employer but implicating him without he being first given an opportunity to make representations. Judges: Lord Neuberger, President, Lord Mance, Lord Wilson, Lord Sumption, Lord Hodge Citations: [2017] UKSC 19, [2017] Bus LR 64, [2017] 1 WLR 1095, … Continue reading Financial Conduct Authority v Macris: SC 22 Mar 2017
UTTC MARKET ABUSE – share price manipulation – whether demonstrate- yes – FSMA s 118 – whether entering into contracts for difference knowing counterparty would hedge by placing orders for stocks amounts to behaviour ‘in relation to’ qualifying investments – yes- whether open to FSA to take action against dissolved Canadian corporation regulated in Canada … Continue reading Canada Inc Swift Trade Inc and Peter Beck v Financial Services Authority: UTTC 23 Jan 2013
The Claimants seek to recover from the Defendant, Positive Solutions (Financial Services) Ltd (Positive Solutions), compensation for losses that they have allegedly suffered as a result of the conduct of a Mr Qureshi and a Mr Warren. Master Bowles [2016] EWHC 2030 (Ch) Bailii Financial Services and Markets Act 2000 England and Wales Vicarious Liability, … Continue reading Frederick and Others v Positive Financial Solutions (Financial Services) Ltd: ChD 5 Aug 2016
Reasons for sanction of scheme of arrangement for insurance company. Snowden J [2016] EWHC 944 (Ch), [2016] WLR(D) 226 Bailii, WLRD Financial Services and Markets Act 2000 England and Wales Company Updated: 16 January 2022; Ref: scu.564143
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
The complainant has requested from the Financial Services Authority (FSA) information relating to the circumstances in which a company ceased to be regulated. The FSA confirmed it held information covered by the request but considered it exempt from disclosure under section 44 of FOIA by virtue of section 348 of the Financial Services and Markets … Continue reading Financial Services Authority (Decision Notice): ICO 8 Oct 2012
Le Poidevin QC HHJ [2016] EWHC 724 (Ch) Bailii Financial Services and Markets Act 2000 England and Wales Financial Services Updated: 12 January 2022; Ref: scu.561526
The court was asked as to circumstances in which a secured loan is prima facie unenforceable because the lender was not authorised to carry on the business of lending money on the security of a particular type of property under the 2000 Act, it is an abuse of process, on the facts found below, for … Continue reading Dickinson and Another v UK Acorn Finance Ltd: CA 25 Nov 2015
The court was asked four different schemes constituted ‘collective investment schemes’ within the meaning of section 235 of the 2000 Act, two schemes in particular, one relating to exploitation of a rice farm in Sierra Leone, the other to tradable carbon credits in respect of forest areas in Australia, Sierra Leone and the Amazon. Sir … Continue reading The Financial Conduct Authority v Capital Alternatives Ltd and Others: CA 25 Mar 2015
Application for the sanction of the court to an insurance business transfer scheme under which the entire long-term insurance business of Prudential Annuities Limited . . is to be transferred to The Prudential Assurance Company Limited. Ancillary orders are sought under s112 of the Financial Services and Markets Act 2000. Birss J [2014] EWHC 4770 … Continue reading In re Prudential Annuities Ltd and Others: ChD 13 Nov 2014
[2021] EWHC 3039 (Admin) Bailii Financial Services and Markets Act 2000 England and Wales Financial Services Updated: 22 December 2021; Ref: scu.669874
The Prudential Assurance Company Ltd as transferor and Rothesay Life plc as transferee seek an order sanctioning an insurance business transfer scheme pursuant to Part VII of the Financial Services and Markets Act 2000 [2021] EWHC 3152 (Ch) Bailii Financial Services and Markets Act 2000 England and Wales Financial Services Updated: 12 December 2021; Ref: … Continue reading In re Prudential Assurance Company Ltd and Another: ChD 24 Nov 2021
FINANCIAL SERVICES – preliminary hearing – third party rights – s 393 Financial Services and Markets Act 2000 – whether applicant identified in notice – yes [2014] UKUT B7 (TCC) Bailii England and Wales Cited by: At UTTC – The Financial Conduct Authority v Macris CA 19-May-2015 Appeal by the Authority against a decision by … Continue reading Macris v The Financial Conduct Authority: UTTC 10 Apr 2014
The court was asked whether certain sales of land, or arrangements relating to sales of land, at six sites in England were ‘collective investment schemes’ within the meaning of section 235 of the 2000 Act. The company appealed from a finding that they were. Held: The liability on decision was upheld. Rimer, Gloster, Sharp LJJ … Continue reading Asset Land Investment Plc and Another v The Financial Conduct Authority: CA 10 Apr 2014
FSMT Fit and proper per person – section 61 Financial Services and Markets Act 2000 – adequate resources – mortgage advisory services – References allowed [2008] UKFSM FSM065 Bailii Financial Services and Markets Act 2000 61 England and Wales Financial Services Updated: 22 November 2021; Ref: scu.516733
FINANCIAL SERVICES – preliminary hearing – third party rights – s 393 Financial Services and Markets Act 2000 – whether applicant identified in notice – no [2016] UKUT 5 (TCC) Bailii England and Wales Financial Services Updated: 19 November 2021; Ref: scu.558969
The court was asked whether the Financial Ombudsman Service had jurisdiction to deal with a complaint about the management of a foreign exchange trading account. This turned on whether the operation of the account involved dealing in contracts for differences or investments of a similar kind which are regulated under the 2000 Act. Leggatt J … Continue reading London Capital Group, Regina (on The Application of) v The Financial Ombudsman Service Ltd: Admn 2 Aug 2013
Competing building companies agreed not to bid against each other for the purchase of land. One proceeded and the other asserted that the land was then held on trust for the two parties as a joint venture. Held: Although there was no formal agreement, the first company had allowed its position to be worsened relying … Continue reading Banner Homes Group Plc v Luff Developments and Another: CA 10 Feb 2000
The claimants appealed against a claim that they had been mis-sold interest rate swap arrangements by their bankers, thereby suffering losses. Richards, Hellett, Tomlinson LJJ [2013] EWCA Civ 1197 Bailii Financial Services and Markets Act 2000 150 England and Wales Citing: Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963 … Continue reading Green and Another v The Royal Bank of Scotland Plc: CA 9 Oct 2013
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014
The FSA appealed against an order refusing its request for inquiries and production of accounting records by the defendant accountants to satisfy a request issued by the US Securities and Exchange Commission. Held: The FSA had properly assessed the request, considering the seriousness of the allegations, and the strong public interest in mutual assistance. Such … Continue reading Financial Services Authority (FSA) and Others v AMRO International Sa and Another: CA 24 Feb 2010
The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They objected that the policy statement would require them to act beyond their obligations in law. Held: The … Continue reading British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another: Admn 20 Apr 2011
Proceedings were brought against the appellant’s associated parties, alleging that they had carred on regulated activities without authorisation, contrary to section 19 of the2000 Act. They had offered various plots of land for sale, suggesting they would be seeking planning development permissions. Held: The appeal was dismissed. The company’s activities operated as ‘collective investment schemes’ … Continue reading Asset Land Investment Plc and Another v The Financial Conduct Authority: SC 20 Apr 2016
The appellants challenged an order for the dissolution of their company under the 2000 Acts. They had provided warranties for assorted consumer electrical goods which amounted to insurance, but said that they were not required to be registered under the Act since only services in kind were ever provided. Held: The appeal failed. The fact … Continue reading Digital Satellite Warranty Cover Ltd and Another v Financial Services Authority: SC 13 Feb 2013
The Honourable Mrs Justice Collins Rice [2021] EWHC 2523 (Admin) Bailii Financial Services and Markets Act 2000 England and Wales Financial Services Updated: 10 November 2021; Ref: scu.668446
UTTC FINANCIAL SERVICES – preliminary hearing – third party rights – s 393 Financial Services and Markets Act 2000 – whether applicant identified in notice – no [2016] UKUT 103 (TCC) Bailii Financial Services and Markets Act 2000 393 England and Wales Financial Services Updated: 02 November 2021; Ref: scu.562428
The regulated bank Kaupthing Singer and Friedlander Ltd (KSF) was in financial difficulties. The Bank of England required KSF to credit to a trust account all future deposits. KSF later went into insolvency. Some deposits had been credited to the trust account but not all. The court was asked whether the sum held was for … Continue reading Brazzill and Others v Willoughby and Others: CA 27 May 2010
The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act. Held: The decision was set aside for breaching the rule against impugning an action of Parliament. The minister had made a statement as to the … Continue reading Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
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
UTTC PENALTY – Authorised Person – Partnership – Decision Notice imposing penalty issued after termination of Partnership – whether regulatory authority has power to impose penalty on dissolved partnership – whether partners are personally liable – who rank as partners in dissolved partnership – FSMA 2000 32(1), 40(1(c) and 206(1). Sir Stephen Oliver QC [2010] … Continue reading Fox Hayes v Financial Services Authority: UTTC 30 Mar 2010
Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998
When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of reasonable responses’ of a reasonable employer to the situation. Earlier conflicting decisions were … Continue reading Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden: CA 31 Jul 2000
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, changes over time, and the requirements are flexible and closely conditioned by the legal and … Continue reading Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993
The claimants had acted on mortgage advice given by a company regulated by the FSA, as a result of which, on the collapse of the property market in Spain, they had lost their investment and their home which had been charged to assist in the purchase of it. The company giving the advice had not … Continue reading Emptage v Financial Services Compensation Scheme Ltd: CA 18 Jun 2013
Application to sanction a scheme under Part VII of the Financial Services and Markets Act 2000 for the transfer of insurance business from Legal and General Assurance Society Limited to ReAssure Limited . .
FSMT PRELIMINARY ISSUE – Applicant prohibited from performing any function in relation to regulated activities because it appeared to the Authority that he was not a fit and proper person – Applicant had been . .
Appeal by the Authority against a decision by the Upper Tribunal (Tax and Chancery Chamber) deciding, as a preliminary issue determined in accordance with Rule 5(3)(e) of the Tribunal Procedure (Upper Tribunal) Rules 2008, that the respondent to . .
The respondents were a firm of solicitors who had acted for a client who carried on an unauthorised investment scheme. The Authority sought to recover losses from them.
Held: The solicitors had been concerned in the investment business, and . .
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The complainant has requested a copy of the Lehman Report, commissioned by the trustees of Pearl Group. The Financial Services Authority confirmed it held a draft version of the report but considered it exempt from disclosure under section 44 of the . .
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The claimants alleged that they had suffered substantial losses when the defendant failed to follow FSA rules in managing their investments. . .
FINANCIAL SERVICES – preliminary hearing – third party rights – s 393 Financial Services and Markets Act 2000 – whether applicant identified in notice – yes . .
Important point as to the limitation of actions under sections 26 and 28 of the Financial Services and Markets Act 2000 . .
Application within bankruptcy proceedings seeking a declaration that a security held by a lender was unenforceable pursuant to the Financial Services and Markets Act 2000. . .
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts.
Held: The liability did not arise until the Society decided to make . .
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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 . .
The court was asked whether so-called ‘land-banking’ schemes were ‘collective investments schemes’ within section 235.
Held: Andrew Smith J discussed the difference in effect between the contra preferentem rule, and regulation 7 of the 1999 . .
The doctrine of res judicata was applicable to prevent a complainant who had once accepted an award from the Financial Ombudsman Service from starting additional legal proceedings to pursue complaints already been submitted to the ombudsman and on . .
The claimants had been advised to invest in a scheme promoted by the defendants with the assistance of their solicitors. On the failure of the scheme they now sought relief alleging inter alia, breach of trust.
Held: The claims failed. In . .
The claimant challenged by judicial review, disciplinary decisions made against him, saying tat insufficient reasons had been given. The Authority replied that judicial review was inappropriate since the claimant had open to him a reference to the . .
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Application for directions as to distribution of funds realised on intervention in two unregulated investment schemes. . .
Request for two connected but not interconditional insurance business transfer schemes under Part 7 of the Financial Services and Markets Act 2000 . .
The Authority sought a finding that the respondents had infringed their duties in providing financial advice with respect to the moving of personal pensions and had failed to comply with an order an order for compensation. The defendants asserted . .
The complainant made a freedom of information request to the Financial Services Authority (the public authority) to request copies of three reports it had produced in relation to Split Capital Investment Trusts. The public authority refused the . .
Parties appealed against on order for the winding up of the company. The Authority (FSA) had said that the company which supplied warranties to owners of digital receiver boxes were providing regulated insurance services, but that the companies were . .
The claimant sought damages alleging that the defendant had failed in its statutory duties under the 2000 Act when advising on pension reviews. . .
a land-banking arrangement was held to amount to a collective investment scheme within section 235. The company purported to change its practices following intervention by the FCA. The changes were held by the judge insufficient to take it outside . .
