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Hussain v Financial Services Authority: FSMT 29 Jun 2007

FSMT SUPERVISORY NOTICE – Application for direction to suspend effect of notice until reference disposed of – Notice varied Applicant’s permission by removing all regulated activities with immediate effect – Reason for notice being breach of threshold condition 5 – In application for permission to conduct regulated activities the Applicant failed to disclose relevant convictions … Continue reading Hussain v Financial Services Authority: FSMT 29 Jun 2007

Agarwala v Financial Services Authority: FSMT 15 Jan 2007

FSMT SUPERVISORY NOTICE – application for a direction to suspend effect of Notice until reference disposed of – Notice varied a Part IV permission by removal of all regulated activities with immediate effect -reason for Notice being breach of threshold conditions and Principles 1 (conducting business with integrity); 6 (treating customers fairly); and 11 (dealing … Continue reading Agarwala v Financial Services Authority: FSMT 15 Jan 2007

Thomas v The Financial Services Authority: FSMT 22 Sep 2004

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

Eurolife Assurance Company Ltd v Financial Services Authority: FSMT 4 Sep 2002

FSMT PROCEDURE – Withdrawal of reference – Permission of the Tribunal – Applicant submits letter purporting to withdraw reference notice lodged after case called on for adjourned hearing but before Authority’s opening – Whether withdrawn before the hearing of the reference – Yes – Financial Services and Markets Tribunal Rules 2001 (SI 2001/2476 r.14(1)) Citations: … Continue reading Eurolife Assurance Company Ltd v Financial Services Authority: FSMT 4 Sep 2002

Eurolife Assurance Company Ltd v Financial Services Authority: FSMT 23 May 2002

FSMT PROCEDURE – Public or private hearing – Application for hearing of reference to be wholly in private – Whether necessary having regard to possible unfairness to Applicants – No – Whether necessary having regard to possible prejudice to consumers – No – Financial Services and Markets Tribunal Rules 2001 (SI 2001/2476) Judges: Steven Oliver … Continue reading Eurolife Assurance Company Ltd v Financial Services Authority: FSMT 23 May 2002

Fox Hayes v Financial Services Authority: FSMT 23 Apr 2008

FSMT PERMISSION TO APPEAL – Tribunal reduced penalty imposed by Authority from andpound;150,000 to andpound;146,000 – application by Authority for permission to appeal to the Court of Appeal – limited permission granted – FSMA 2000 s137; Financial Services and Markets Tribunal Rules 2001 SI 2001 No. 2476 r24 [2008] UKFSM FSM058 Bailii England and Wales … Continue reading Fox Hayes v Financial Services Authority: FSMT 23 Apr 2008

Watts v The Financial Services Authority: FSMT 25 Jul 2005

FSMT PERMISSION TO CARRY ON REGULATED ACTIVITIES – application at the request of an authorised person to vary a permission application refused – refusal referred to Tribunal – reference unopposed – reference determined without an oral hearing – Respondent directed to set aside its refusal and to process the application in the normal way – … Continue reading Watts v The Financial Services Authority: FSMT 25 Jul 2005

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

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

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 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

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