Search Results for: Financial Services and Markets Act 2000 67

Click the case name for better results:

C, Regina (on The Application of) v Financial Services Authority: Admn 25 May 2012

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 Upper Tribunal. Judges: Silber J Citations: [2012] EWHC 1417 (Admin) Links: Bailii Statutes: Financial Services and Markets Act … Continue reading C, Regina (on The Application of) v Financial Services Authority: Admn 25 May 2012

Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

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 Financial Services Authority v Sinaloa Gold Plc and Others: SC 27 Feb 2013

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

In re Names at Lloyds: ChD 3 Dec 2008

An application was made for waiver to allow the transfer of liabilities from Lloyds names to named insurance company. Held: Such an application required a scheme report, but that report did not have to be in place at the time the application was launched provided it was available before the order was made. Judges: Floyd … Continue reading In re Names at Lloyds: ChD 3 Dec 2008

Re Phoenix Life Ltd and Others: ChD 15 Jun 2022

Sanction of insurance business transfer Judges: Mr Justice Trower Citations: [2022] EWHC 1796 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000 111 Jurisdiction: England and Wales Insurance Updated: 19 July 2022; Ref: scu.679573

Allianz Global Investors Gmbh and Others v G4S Ltd: ChD 10 May 2022

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

The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

(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

David John Hobbs v Financial Services Authority – FS/2010/0024: UTTC 22 Nov 2012

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

Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

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

De Boinville v I G Index Ltd: ComC 10 Dec 2021

The Claimant, Mr Nicholas de Boinville, brings claims against the Defendant, a provider of Spread Betting Services on an ‘execution only’ basis, for damages for breach of contract, breach of fiduciary duty, misrepresentation and a statutory claim under section 150 (which was replaced on 1 April 2013) by section 138D of the Financial Services and … Continue reading De Boinville v I G Index Ltd: ComC 10 Dec 2021

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

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 Financial Conduct Authority v Capital Alternatives Ltd and Others: CA 25 Mar 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

In re Prudential Assurance Company Ltd and Another: ChD 24 Nov 2021

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

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

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

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

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

Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993

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