Judges: Richards J Citations: [2008] EWHC 1782 (Ch), [2009] Bus LR 418, [2009] Lloyd’s Rep IR 212 Links: Bailii Statutes: Financial Services and Markets Act 2000 20 26 28 Jurisdiction: England and Wales Financial Services Updated: 18 July 2022; Ref: scu.271107
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
Citations: [2010] EWHC 2858 (Ch) Links: Bailii Jurisdiction: England and Wales Financial Services Updated: 04 November 2022; Ref: scu.426058
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 insurer. Held: The Act contained the power in section 112 to … Continue reading In re the Financial Markets and Services Act 2000; WASA International (UK) Insurance Co Ltd and Another v WASA International Insurance Co Ltd (Sweden): ChD 10 Dec 2002
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
Judges: Snowden J Citations: [2020] EWHC 3266 (Ch) Links: Bailii Jurisdiction: England and Wales Financial Services Updated: 28 July 2022; Ref: scu.656640
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017
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 deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999
(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
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
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 court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act. Held: The defendant’s appeal failed. The FSA had the powers it contended for, and the provisions of … Continue reading Rollins, Regina v: SC 28 Jul 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 court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to bring a prosecution. Held: the FSA was not a statutory body, … Continue reading Rollins, Regina v: CACD 9 Oct 2009
Important point as to the limitation of actions under sections 26 and 28 of the Financial Services and Markets Act 2000 . .
References: [2016] UKUT 103 (TCC) Links: Bailii UTTC Ratio FINANCIAL SERVICES – preliminary hearing – third party rights – s 393 Financial Services and Markets Act 2000 – whether applicant identified in notice – no Statutes: Financial Services and Markets Act 2000 393 Last Update: 09-May-16 Ref: 562428