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 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
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
(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:  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
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
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
Reasons for sanction of scheme of arrangement for insurance company. Snowden J  EWHC 944 (Ch),  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
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
Henderson J  EWHC 44 (Ch) Bailii Financial Services and Markets Act 2000 107 England and Wales Financial Services Updated: 09 January 2022; Ref: scu.558739
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
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
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
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
UTTC FINANCIAL SERVICES – Part IV Permission – Refusal by Authority – Application for permission to conduct insurance broking activity – Lack of understanding of requirements of regulatory system – Lack of experience – Threshold Conditions 4 and 5 – Reference dismissed – FSMA 2000 s40 Sir Stephen Oliver QC  UKUT B18 (TCC) (TCC) … Continue reading Mohammed Karim v FSA: UTTC 15 Mar 2011
The Honourable Mrs Justice Collins Rice  EWHC 2523 (Admin) Bailii Financial Services and Markets Act 2000 England and Wales Financial Services Updated: 10 November 2021; Ref: scu.668446
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
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
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
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 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 . .
The claimants alleged that they had suffered substantial losses when the defendant failed to follow FSA rules in managing their investments. . .
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 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 alleged that the defendant bank has missold to him securities in the form of an AIG Premier Access Bond.
Held: Though the bank had acted negligently and otherwise incorrectly, those faults were not the cause of the substantial . .
The claimant sought damages alleging that the defendant had failed in its statutory duties under the 2000 Act when advising on pension reviews. . .