Application for directions as to distribution of funds realised on intervention in two unregulated investment schemes. Judges: Mellor J Citations: [2021] EWHC 372 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000 382(3) Jurisdiction: England and Wales Financial Services Updated: 06 October 2022; Ref: scu.659548
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 that the award made was incorrect and infringed their human rights. Held: The parties had been … Continue reading The Financial Services Authority v William Matthews Patricia Janet Matthews: ChD 21 Dec 2004
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 Regulations as principles of construction, concluding that they were ‘to much the same effect’, and decided that its activities amounted … Continue reading The Financial Services Authority v Asset L I Inc and Others: ChD 8 Feb 2013
Judges: Judge Jonathan Richards Citations: [2021] EWHC 648 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000 380 382 Jurisdiction: England and Wales Financial Services Updated: 26 October 2022; Ref: scu.660068
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