Britannic Asset Management Ltd and Others, Regina (on the Application of) v Pensions Ombudsman: Admn 21 Mar 2002

The Ombudsman had sought to rule on a complaint against the applicants. They said the Ombudsman had no jurisdiction.
Held: For jurisdiction the Ombudsman had to rely upon his statutory powers. Those allowed him to rule on those who were, or acted as administrators of a pension scheme; those who ran it. ‘It is of the essence for a person to be or act as an administrator that he shall have assumed an administrative role . . ‘on the trustees’ side’ in the administration of the Scheme’s affairs. ‘ That did not apply here, and there was no jurisdiction for the Ombudsman.

Judges:

Mr Justice Lightman

Citations:

Times 16-Apr-2002, [2002] EWHC 441 (Admin)

Links:

Bailii

Statutes:

Pensions Act 1995 157, Pension Schemes Act 1993 146(4), Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 (SI 1996 No 2475) 1(2) 2(1)

Jurisdiction:

England and Wales

Citing:

Appealed toBritannic Asset Management Ltd and Others, Regina (on the Application of) v Pensions Ombudsman CA 14-Oct-2002
The Ombudsman appealed a finding that it had no jurisdiction over the respondents in their provision of administrative support for pensions schemes.
Held: A person who took an ‘act of administration concerned with the scheme’ was not . .

Cited by:

Appeal fromBritannic Asset Management Ltd and Others, Regina (on the Application of) v Pensions Ombudsman CA 14-Oct-2002
The Ombudsman appealed a finding that it had no jurisdiction over the respondents in their provision of administrative support for pensions schemes.
Held: A person who took an ‘act of administration concerned with the scheme’ was not . .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 23 May 2022; Ref: scu.168740

AMRO International Sa and Another, Regina (On the Application of) v The Financial Services Authority and Others: Admn 25 Aug 2009

Judges:

Collins J

Citations:

[2009] EWHC 2242 (Admin)

Links:

Bailii

Statutes:

Financial Services and Markets Act 2000 165

Jurisdiction:

England and Wales

Cited by:

Appeal fromFinancial Services Authority (FSA) and Others v AMRO International Sa and Another CA 24-Feb-2010
The FSA appealed against an order refusing its request for inquiries and production of accounting records by the defendant accountants to satisfy a request issued by the US Securities and Exchange Commission.
Held: The FSA had properly . .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 22 May 2022; Ref: scu.374736

Wilson v First County Trust (2): CA 2 May 2001

Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s agreement did not correctly state the amount of credit, and the broker was prevented absolutely from enforcing the agreement. It was not that the broker was left entirely without rights by the Act, but that he was unable to enforce it through the courts.
Section 127(3) of the 1974 Act was incompatible with article 6 and with the pawnbroker’s rights under A1P1 and the court made a declaration of incompatibility under section 4 of the HRA to that effect.

Citations:

Times 16-May-2001, Gazette 14-Jun-2001, [2002] QB 74, [2001] EWCA Civ 633

Links:

Bailii

Statutes:

Consumer Credit Act 1974 8 127(3), Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

ResumedWilson v First County Trust Ltd (1) CA 3-Nov-2000
The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and . .

Cited by:

CitedWilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Adjourned toWilson v First County Trust Ltd (1) CA 3-Nov-2000
The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and . .
CitedX v Y (Employment: Sex Offender) CA 28-May-2004
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and . .
CitedHand and Another v George ChD 17-Mar-2017
Adopted grandchildren entitled to succession
The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will.
Held: The claim succeeded. The defendants, the other beneficiaries were not . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Human Rights, Consumer

Updated: 20 May 2022; Ref: scu.90551

Wilson v First County Trust Ltd (1): CA 3 Nov 2000

The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and would be against the spirit of the Act,which was to protect consumers by making clear the true cost of borrowing. The Act made such an agreement entirely unenforceable, and the question arose as to whether the entire removal of the lenders’ rights in this way was proportionate in view of the deprivation of his human right to have the fairness of the loan reviewed by the court. ‘Nor should the decisions of courts and tribunals made before those sections had come into force be impugned on the ground that the court or tribunal was said to have acted in a way which was incompatible with Convention rights’.

Judges:

Sir Andrew Morritt V-C, Chadwick and Rix LJJ

Citations:

Gazette 18-Jan-2001, Times 06-Dec-2000, [2000] EWCA Civ 278, [2001] QB 407

Links:

Bailii

Statutes:

Consumer Credit Act 1974 127

Jurisdiction:

England and Wales

Citing:

Adjourned toWilson v First County Trust (2) CA 2-May-2001
Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s . .

Cited by:

ResumedWilson v First County Trust (2) CA 2-May-2001
Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s . .
CitedRegina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
CitedSouthern Pacific Securities 05-2 Plc v Walker and Another SC 7-Jul-2010
The appellant borrowed a sum from the respondent under a fixed sum credit agreement. A broker administration fee had been advanced to facilitate the loan. The agreement recorded the ‘Amount of Credit’ net of the fee, and the ‘Total Amount Financed’ . .
See AlsoWilson v First County Trust CA 23-Nov-2000
. .
CitedBritish Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills Admn 20-Apr-2011
The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to . .
Lists of cited by and citing cases may be incomplete.

Consumer, Financial Services, Human Rights

Updated: 20 May 2022; Ref: scu.90554

Wakelin and others v Read and another: CA 10 Apr 2000

The Pensions Ombudsman did not have the right to exercise his discretion to provide a different answer to the one which would be given by a court. This followed from the right given to parties to appeal against his decisions to the High Court on a point of law. The wide discretion given by the statute did not include a power to act otherwise than in accordance with the law.
The Pensions Ombudsman did not have the right to exercise his discretion to provide a different answer to the one which would be given by a court. This followed from the right given to parties to appeal against his decisions to the High Court on a point of law. The wide discretion given by the statute did not include a power to act otherwise than in accordance with the law. The court had to consider the range of the ombudsman’s powers, including whether these exceeded those of the court.
Held: A point was been raised by the Trustees on the width of the Ombudsman’s discretion to give directions under s 151(2) of the 1993 Act. Mr Simmonds QC sought on behalf of the Trustees to uphold the decision of the Ombudsman to decline to direct the Trustees to pay the benefits on the ground that Mr Read did not come with clean hands. He submitted that the sub-section confers the widest possible discretion both as to the nature of the remedy granted and as to whether he should grant any remedy at all. He was not limited to those courses of action which would be open to a court in litigation. I am unable to accept this submission. ‘

Citations:

Times 10-Apr-2000, [2000] EWCA Civ 82, [2000] PLR 319, [2000] OPLR 277

Links:

Bailii

Statutes:

Pension Schemes Act 1993 151 (2)

Jurisdiction:

England and Wales

Cited by:

CitedLegal and General Assurance Society Ltd v CCA Stationery Ltd ChD 12-Dec-2003
The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme.
Held: Since . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Administrative

Updated: 20 May 2022; Ref: scu.90238

Safir v Skattemyndigheten I Dajarnas Lan: ECJ 1 May 1998

Different tax treatment of insurance products according to whether company offering them was based in the member country or another was unlawful breach of Treaty.

Citations:

Times 01-May-1998, C-118/96, [1998] EUECJ C-118/96

Links:

Bailii

Statutes:

ECTreaty Art 59

Jurisdiction:

European

Cited by:

CitedNouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 20 May 2022; Ref: scu.88979

University of Nottingham v Eyett and Another (No 2): ChD 3 Dec 1998

The Pensions’ Ombudsman having had a decision overturned on appeal and having entered appearance at the appeal was liable in costs only to the extent that his intervention had increased the costs.

Citations:

Times 03-Dec-1998, [1999] 1 WLR 594

Jurisdiction:

England and Wales

Cited by:

Wrongly decidedMoore’s (Wallisdown) Ltd v Pensions Ombudsman and Another; Royal and Sun Alliance Life and Pensions Ltd v Same ChD 21-Dec-2001
The applicants had successfully appealed against decisions of the Pensions Ombudsman. They sought their costs. The Ombudsman argued that the costs should be limited to the proportion by which they had in fact contributed to the need for an appeal. . .
CitedRegina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Costs

Updated: 19 May 2022; Ref: scu.90089

Dennison v Krasner, Lesser, Lawrence: CA 6 Apr 2000

A retirement annuity or personal pension was part of a bankrupt’s estate before the recent Act, and vested immediately in the trustee on the bankruptcy. As such there was no need to make application to the court under s310 for an income payment order before those assets could be made available to the creditors. Acts of Parliament had at various times exempted certain kinds of pension assets from being available in this way, typically by avoiding assignments, but for this kind of pension this only happened in 1999. Chadwick LJ: ‘. . . in construing the relevant provisions of the [Insolvency Act 1986] the court should follow the approach indicated by Lord Diplock in Garland v British Rail Engineering Ltd [1983] 2 AC 751 at 755, and construe the words of the statute, if they are reasonably capable of bearing such a meaning, as intended to carry out an international obligation which the United Kingdom has assumed under a treaty or convention and not so as to be inconsistent with that obligation.’

Judges:

Chadwick LJ

Citations:

Times 18-Apr-2000, Gazette 11-May-2000, [2000] EWCA Civ 112, [2001] Ch 76

Links:

Bailii

Statutes:

Insolvency Act 1986 306 (1) 310, Welfare Reform and Pensions Act 1999

Jurisdiction:

England and Wales

Citing:

CitedGarland v British Rail Engineering Ltd ECJ 9-Feb-1982
garland_breECJ1982
The fact that an employer (although not bound to do so by contract) provides special travel facilities for former male employees to enjoy after their retirement constitutes discrimination within the meaning of article 119 against former female . .
ApprovedIn Re Landau (A Bankrupt) ChD 1-Dec-1996
At the date of the bankruptcy the bankrupt was entitled to a pension, payable in the future on his attaining the age of 65 years. He was aged 61 when the bankruptcy order was made, and 64 when it was discharged. The trustee claimed to be entitled to . .

Cited by:

CitedMalcolm v Mackenzie, Allied Dunbar Plc CA 21-Dec-2004
The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory.
Held: The . .
CitedHorton v Henry CA 7-Oct-2016
No obligation on bankrupt to draw on pension fund
The trustee in bankruptcy appealed against a decision dismissing his application for an income payments order pursuant to section 310 of the 1986 Act in respect of income which might become payable to the respondent from his personal pension . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Financial Services

Updated: 19 May 2022; Ref: scu.82838

Hillsdown Holdings Plc and HF Meat and Foods Processing Pension Scheme Trustees Limited v Commissioners of Inland Revenue: ChD 13 May 1999

A payment made out of a pension scheme which had subsequently been found unlawful and ordered to be repaid, was not a taxable payment as such. The payment had been made in good faith and on advice.

Citations:

Times 13-May-1999, [1999] EWHC Admin 219

Links:

Bailii

Statutes:

Income and Corporation Taxes Act 1988 601

Corporation Tax, Financial Services

Updated: 19 May 2022; Ref: scu.81384

Director of Savings v Woolf; Same v Kear and Another: ComC 20 Jun 1997

Promise to pay interest ‘fixed and guaranteed for . . five years’ was binding; ambiguity resolved against promissor. Pensioners Guaranteed. Income Bond. Correct way of calculating interest. Leap years. Investment year against calendar year.

Judges:

Cresswell J

Citations:

Times 09-Jul-1997

Jurisdiction:

England and Wales

Financial Services

Updated: 19 May 2022; Ref: scu.80060

Depositors’ Protection Board v Dalia: HL 20 May 1994

The House was asked as to the meaning of the word ‘depositor’. Regulations were prayed in aid which were made four years after the date of the enactment.
Held: The protection given by the Depositor Protection Scheme does not extend to equitable assignees of deposits. Such assignees are not depositors within the meaning of the scheme. Lord Browne-Wilkinson said that regulations could only be used an aid to construction where the regulations are roughly contemporaneous with the Act being construed.
After a legal assignment only the assignee can be said to have any entitlement against the Defendant.

Judges:

Lord Browne-Wilkinson

Citations:

Times 20-May-1994, Gazette 29-Jun-1994, Independent 31-May-1994, [1994] 2 AC 367, [1994] 2 AC 367

Statutes:

Banking Act 1987 58(1)

Citing:

Appeal fromDepositors’ Protection Board v Dalia and Another CA 11-May-1993
The Board was liable to pay compensation claims from equitable assignees of depositors with a failed bank. They were not to be excluded from making claims. . .
At First InstanceDepositors Protection Board v Dalia and Another ChD 18-Nov-1992
Equitable assignees of deposits in a bank where those deposits were protected under the scheme, were entitled to the compensation which would have been paid to the beneficial owners. . .

Cited by:

CitedA, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service SC 9-Dec-2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it . .
CitedRevenue and Customs v Forde and McHugh Ltd SC 26-Feb-2014
The Court heard a number of appeals concerned with the interpretation of the phrase in section 6(1) of the Social Security Contributions and Benefits Act 1992, ‘[w]here in any tax week earnings are paid to or for the benefit of an earner’ It was . .
Lists of cited by and citing cases may be incomplete.

Banking, Financial Services

Updated: 19 May 2022; Ref: scu.79916

Depositors Protection Board v Dalia and Another: ChD 18 Nov 1992

Equitable assignees of deposits in a bank where those deposits were protected under the scheme, were entitled to the compensation which would have been paid to the beneficial owners.

Citations:

Gazette 18-Nov-1992

Statutes:

Banking Act 1987 59(1)(a)

Cited by:

Appeal fromDepositors’ Protection Board v Dalia and Another CA 11-May-1993
The Board was liable to pay compensation claims from equitable assignees of depositors with a failed bank. They were not to be excluded from making claims. . .
At First InstanceDepositors’ Protection Board v Dalia HL 20-May-1994
The House was asked as to the meaning of the word ‘depositor’. Regulations were prayed in aid which were made four years after the date of the enactment.
Held: The protection given by the Depositor Protection Scheme does not extend to . .
Lists of cited by and citing cases may be incomplete.

Contract, Banking, Financial Services

Updated: 19 May 2022; Ref: scu.79917

Bus Employees Pension Trustees Ltd v Harrod et Al; NBPF Pension Trustees Ltd v Paddock: ChD 8 Apr 1999

Where a deed of variation of the trusts of a wound up pension fund had been held invalid by the ombudsman, the later provisions of the Act could not be brought into play to assist, since the potential benefits did not constitute a membership.

Citations:

Gazette 08-Apr-1999

Statutes:

Pension Schemes Act 1993 1

Financial Services

Updated: 19 May 2022; Ref: scu.78777

Brooks v Civil Aviation Authority and Another: IHCS 28 Jul 2000

When the Pensions Ombudsman carried out an investigation under the Act, he was entitled to act on the information already gathered, and had no obligation to undertake a new factual enquiry. The issues in this case had been litigated repeatedly, and the ombudsman had a wide discretion as to the conduct of his investigation of the complaint, and in this case his decision could not be faulted.

Citations:

Times 28-Jul-2000

Financial Services, Administrative, Scotland

Updated: 18 May 2022; Ref: scu.78678

Bank of Scotland v Dunedin Property Investment Co Ltd: OHCS 16 May 1997

The cost of an interest rate swap brokerage agreement was not covered by an indemnity against ‘all costs charges and expenses incurred’.

Citations:

Times 16-May-1997, 1998 SC 657

Citing:

Appealed toBank of Scotland v Dunedin Property Investment Co Ltd IHCS 24-Sep-1998
Issue of loan stock supported by charge for ‘all costs charges and expenses incurred’ this included the breakage cost of the bank in setting up interest-rate swap arrangements to protect itself against swings in costs. . .

Cited by:

Appeal fromBank of Scotland v Dunedin Property Investment Co Ltd IHCS 24-Sep-1998
Issue of loan stock supported by charge for ‘all costs charges and expenses incurred’ this included the breakage cost of the bank in setting up interest-rate swap arrangements to protect itself against swings in costs. . .
See AlsoThe Governor and Company of the Bank of Scotland v Dunedin Property Investment Company Ltd OHCS 8-Jun-1999
. .
Lists of cited by and citing cases may be incomplete.

Financial Services, Contract, Scotland

Updated: 18 May 2022; Ref: scu.78161

Allied Irish Bank Group (Uk) Plc v Henelly Properties Ltd and Others: ChD 7 Jun 2000

The fact that a mortgage advance was to be paid by stages as a building progressed, did not mean that the mortgage securing the advance was delivered in escrow until the building work was complete. If the mortgagee defaulted in his payments the lender was entitled to seek possession of the land at that time.

Citations:

Times 07-Jun-2000

Jurisdiction:

England and Wales

Land, Financial Services

Updated: 17 May 2022; Ref: scu.77758

Loosemore v Financial Concepts: 2001

The skill and care to be expected of a financial advisor would ordinarily include compliance with the rules of the relevant regulator.

Judges:

Raymond Jack QC

Citations:

[2001] Lloyds PNLR 235

Jurisdiction:

England and Wales

Cited by:

CitedGreen and Another v The Royal Bank of Scotland Plc CA 9-Oct-2013
The claimants appealed against a claim that they had been mis-sold interest rate swap arrangements by their bankers, thereby suffering losses. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Financial Services

Updated: 15 May 2022; Ref: scu.516356

Starkey v The Bank of England: HL 1903

Frederick and Edgar Oliver jointly owned Consols and bank stock. Frederick instructed Starkey a stockbroker to sell them. Frederick signed the necessary powers of attorney in his own name and forged Edgar’s signature. Starkey presented the powers of attorney to the Bank of England, who duly affected the transfer. Once the forgery was established the Bank was liable to replace the Consols and the stock, and sued Starkey for breach of warranty of authority.
Held: Starkey was liable. The Earl of Halsbury LC set out the notion that it was necessary to establish a contract between the purported principal and the plaintiff as illogical, and confusing the question whether the facts established a contractual warranty between plaintiff and defendant, with the question as to whether a contract follows in consequence of a representation. He said: ‘that which does enforce the liability is this – that under the circumstances of this document being presented to the Bank for the purpose of being acted upon, and being acted upon on the representation that the agent had the authority of the principal, which he had not, that does import an obligation – the contract being for good consideration – an undertaking on the part of the agent that the thing he represented to be genuine was genuine.’

Judges:

Earl of Halsbury LC

Citations:

[1903] AC 114

Jurisdiction:

England and Wales

Cited by:

CitedA and J Fabrications (Batley) Ltd v Grant Thornton and Others ChD 1998
The plaintiffs, the majority creditors of a company in liquidation, alleged that they had agreed with Grant Thornton, the defendants, to support the appointment of one of the firm’s partners or employees as liquidator of the company, with a view to . .
Lists of cited by and citing cases may be incomplete.

Agency, Financial Services

Updated: 14 May 2022; Ref: scu.261594

Re Prudential Assurance Company Ltd and Rothesay Life Plc: CA 2 Dec 2020

‘This case raises for the first time before the Court of Appeal the approach that the court should adopt in dealing with applications to sanction transfers of insurance business under Part VII (‘Part VII’) of the Financial Services and Markets Act 2000′

Citations:

[2020] EWCA Civ 1626

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Financial Services

Updated: 14 May 2022; Ref: scu.656656

Financial Services Authority v Fradley and Another: ChD 21 Oct 2004

The authority sought an order restraining the defendants from operating a pool betting scheme whilst unauthorised. The defendant answered that it was not a collective investment scheme.
Held: Where any property was acquired which was distinct from the contributions made, a collective scheme was created. That extra property might be something as little as a chose in action.Here there was a bet, but that was not a chose in action but was void as a gaming contract. It was enough that the contributors did not manage the scheme.

Judges:

John Martin QC

Citations:

Times 08-Nov-2004

Statutes:

Financial Services and Markets Act 2000 235

Jurisdiction:

England and Wales

Citing:

CitedBridger v Savage 1884
Void nature of gaming contract. . .

Cited by:

At ChDFinancial Services Authority v Fradley and Woodward CA 23-Nov-2005
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 . .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 13 May 2022; Ref: scu.219429

Chapleo v Brunswick Permanent Building Society: 1881

‘persons who deal with corporations or societies that owe their constitution to or have their powered defined or limited by Act of Parliament, or are regulated by deeds of settlement or rules, deriving their effect more or less from Acts of Parliament, are bound to know or to ascertain for themselves the nature of the constitution, and the extent of the powers of the corporation or society with which they deal. The plaintiffs and everyone else who have dealings with a building society are bound to know that such a society has no power of borrowing, except such as is conferred upon it by its rules, and if dealing with such a society they neglect or fail to ascertain whether it has the power of borrowing or whether any limited power it may have has been exceeded, they must take the consequences of their carelessness.’

Citations:

(1881) 6 QBD 696

Cited by:

CitedStretch v West Dorset District Council CA 10-Nov-1997
A local authority has no ability to grant an option to renew a lease, even though it has the power to grant a lease and would benefit from the wrongful grant. The land was held for an express statutory purpose and was not ‘corporate land’ within the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Company, Financial Services

Updated: 12 May 2022; Ref: scu.184241

Profilati Italia S R L v Painewebber Incorporated, Painewebber International Futures Limited: ComC 12 Sep 2001

CS Arbitration – Award – Application to set aside award on the grounds of serious irregularity – Arbitration Act 1996 s. 68(2)(g) – whether inadvertent failure to disclose relevant documents resulted in award being procured in a way contrary to public policy – whether respondents suffered substantial injustice. Arbitration – Disclosure – Arbitration under Rules of the London Metal Exchange – duty of respondent to give disclosure – whether respondent failed to disclose relevant documents
The Applicant challenged an arbitration award made under the rules of the London Metal Exchange. They claimed that they had incurred losses through the wrongful closure of its credit line and by closing out the business between them. They claimed the award would not have been made had the defendants made full disclosure of documents which later came to light. They claimed this to be in breach of public policy rather than by fraud. This applied for the most serious of cases where justice called out for a remedy. In this case disclosure may not have included these documents, and they may not have had the substantial effect claimed. The application failed.

Judges:

Moore-Bick J

Citations:

[2001] 1 All ER 1065

Statutes:

Arbitration Act 1996 68(2)(g)

Jurisdiction:

England and Wales

Arbitration, Financial Services

Updated: 11 May 2022; Ref: scu.166138

Tee v Lautro Limited: CA 20 Nov 1996

Citations:

[1996] EWCA Civ 1009

Statutes:

Financial Services Act 1986 187(1)

Jurisdiction:

England and Wales

Citing:

CitedDavis v Radcliffe PC 5-Apr-1990
(Isle of Man) Misfeasance in public office.
Held: No duty of care was owed by financial regulators towards investors. . .
CitedYuen Kun-Yeu v Attorney-General of Hong Kong PC 1987
(Hong Kong) The claimant deposited money with a licensed deposit taker, regulated by the Commissioner. He lost his money when the deposit taker went into insolvent liquidation. He said the regulator was responsible when it should have known of the . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Torts – Other

Updated: 11 May 2022; Ref: scu.140876

Thomas Edge and Others [1999] Pens Lr 215: CA 15 Sep 1999

The trustees of a pension fund were entitled to be partial in the exercise of their discretions, provided that such exercise was not in bad faith, or irrational. The Pensions Ombudsman had been wrong to seek to extend his powers so that people might come to be bound by his decisions who had no opportunity to take part in the process. That would be contrary to natural justice, even though he had power to investigate any complaint.

Citations:

Gazette 15-Sep-1999

Statutes:

Pension Schemes Act 1993 146 (3)

Jurisdiction:

England and Wales

Financial Services

Updated: 11 May 2022; Ref: scu.89859

Norwich Union Life Insurance Society v Qureshi and Another; Aldrich and Others v Norwich Union Life Insurance Co Ltd: CA 13 Aug 1999

The provider of endowment insurance, has a duty of utmost good faith to an insured, but need disclose only matters which are material to the risk. Such facts need not include every fact which might affect the decision to enter into any contract collateral to the insurance contract. Duties under the Financial Services Act did not extend this duty.

Citations:

Times 13-Aug-1999

Statutes:

Financial Services Act 1986 47

Jurisdiction:

England and Wales

Financial Services, Equity, Insurance

Updated: 11 May 2022; Ref: scu.84363

On Demand Information Plc and Another v Michael Gerson (Finance) Plc and Another: CA 19 Sep 2000

The power to grant relief from forfeiture in finance leases was real, but ceased to be available after property repossessed by the finance company had been contracted for sale by the applicants. The application for relief was in its nature, an application to permit the continuation of the lease, which could not be the basis where the property was to be sold.

Citations:

Times 19-Sep-2000

Jurisdiction:

England and Wales

Citing:

Appealed toOn Demand Information Plc and others v Michael Gerson (Finance) Plc and others HL 18-Apr-2002
The claimant took equipment under leases. After the initial period the rentals would be renewed without substantial further rental payments. The company went into administration after or toward the end of the initial period, and the lessors sought . .
AppliedTransag Haulage Ltd (In Admin Receivership) v Leyland Daf Finance Plc and Another ChD 31-Jan-1994
Hire-purchase agreements for the hire of three lorries were entered into by Transag, a haulier, between January and May 1991. The price for the three lorries was andpound;177,333, with down payments totalling andpound;69,333 and the balance (for . .

Cited by:

Appeal fromOn Demand Information Plc and others v Michael Gerson (Finance) Plc and others HL 18-Apr-2002
The claimant took equipment under leases. After the initial period the rentals would be renewed without substantial further rental payments. The company went into administration after or toward the end of the initial period, and the lessors sought . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Litigation Practice

Updated: 11 May 2022; Ref: scu.84455

Merchant Navy Ratings Pension Fund Trustees Ltd v Chambers and Another: ChD 29 Mar 2001

The trustees sought approval of the transfer of the funds within a scheme by way of a rescue. The transfer was opposed on behalf of its members, as being without their necessary consent. It was held that consent was not required where both schemes were intended to benefit employees in the same employment, and that it was for the actuary to assess whether or not any transfer of a particular member’s benefits would affect him adversely, and an alteration of the entitlement benefits would not of itself prevent certification.

Citations:

Gazette 29-Mar-2001, Times 02-Apr-2001

Statutes:

Occupational Pension Schemes (Preservation of Benefits) Regulations 1991 (1991 No 167), Occupational Pension Schemes (Modification of Benefits) Regulations 1996 3

Jurisdiction:

England and Wales

Financial Services

Updated: 10 May 2022; Ref: scu.83647

Forrest and Another v Towry Law Financial Services Ltd and Others: CA 25 Nov 1999

Once a writ had been issued, the Ombudsman had no standing to hear a complaint. The applicant wished to preserve his rights against the defendant in negligence but to pursue a complaint first. It was held that the writ having been issued, it would first have to be stayed, adjourned or discontinued, before the Ombudsman could accept jurisdiction on the complaint.

Citations:

Gazette 25-Nov-1999, Times 03-Dec-1999

Jurisdiction:

England and Wales

Administrative, Litigation Practice, Financial Services

Updated: 10 May 2022; Ref: scu.80638

Bus Employees Pension Trustees Ltd and Another v Harrod and Others; NBPF Pension Trustees Ltd and Another v Paddock and Another: CA 6 May 1999

Where a scheme had been wound up, but later acquired a right of action, that benefit did not re-constitute the beneficiaries as members of the scheme. A subsequent discretionary augmentation of benefit was insufficient.

Citations:

Times 06-May-1999

Statutes:

Pensions Act 1995 124(1)

Jurisdiction:

England and Wales

Financial Services

Updated: 10 May 2022; Ref: scu.78776

Bestrustees v Stuart: 2001

The court considered the validity of a purported alteration in the rules of a pension scheme. It was said to have altered the rules in accordance with a power of alteration contained in clause 16 of the scheme under consideration.
Held: ‘I bear in mind that a pension scheme is likely to continue for a substantial period of time and that those most affected by them and entitled to protection from the trustees, the employer and indeed the Court, will be people who are comparatively poor, who will not have easy access to expert legal advice, and who will not know what has been going on in relation to the management of the Scheme. In those circumstances, it seems to me that protection of the beneficiaries requires the Court to be very careful before it permits a departure from the plain wording and plain requirements of the trust deed. Further, it is not as if this was a case where at the date of the trust deed there was a difference of identity between the trustees and the employer: they were the same person even then. Accordingly, I think the Court should be particularly careful before effectively overriding the requirement that there is some sort of written record which can be said to amount to an authority within the meaning of clause 16 of the definitive deed.’
and ‘I refer back to the point to which I have already made reference, namely, that bearing in mind that this is a trust, and bearing in mind the likely long life of this trust and the ignorance as to what has been going on on the part of the beneficiaries, it seems to me that the Court should not be too ready to waive a requirement of written documentation when the Scheme, and the trust deed under which it is set up, specifically require it. Of course, in this sort of case one often finds oneself treading the somewhat blurred line between requiring the terms of a particular deed to be complied with, while not being too pedantic and exacting in one’s requirements.’

Judges:

Neuberger J

Citations:

[2001] Pens LR 283

Jurisdiction:

England and Wales

Cited by:

CitedTrustee Solutions Ltd and others v Dubery and Another ChD 21-Jun-2006
The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment.
Held: The words ‘writing under hand’ clearly required a signature, and . .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 10 May 2022; Ref: scu.244444

TF Global Markets (UK) Ltd (T/A Thinkmarkets), Regina (on The Application of) v Tan and Others: Admn 25 Nov 2020

Challenge to findings on allegations of abusive behaviour on a financial trading platform, and the use of algorithms and what are referred to as ‘hedge-faking scalper robots’.

Citations:

[2020] EWHC 3178 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Financial Services

Updated: 08 May 2022; Ref: scu.656498

Icarus (Hertford) Ltd v Driscoll: ChD 1990

Judges:

Aldous J

Citations:

[1990] 1 Pens LR 1

Jurisdiction:

England and Wales

Cited by:

CitedTrustee Solutions Ltd and others v Dubery and Another ChD 21-Jun-2006
The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment.
Held: The words ‘writing under hand’ clearly required a signature, and . .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 07 May 2022; Ref: scu.244451

ITN v Ward: ChD 1997

Judges:

Laddie J

Citations:

[1997] Pens LR 131

Cited by:

CitedTrustee Solutions Ltd and others v Dubery and Another ChD 21-Jun-2006
The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment.
Held: The words ‘writing under hand’ clearly required a signature, and . .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 07 May 2022; Ref: scu.244448

Palestine Solidarity and Another, Regina (on The Application of) v Secretary of State for Housing, Communities and Local Government: SC 29 Apr 2020

The court considered the extent on trustees of an obligation to invest in an ethical manner.
Lord Carnwath said that trustees: ‘may take non-financial considerations into account – ‘provided that doing so would not involve significant risk of financial detriment to the scheme and where they have good reason to think that scheme members would support their decision.”

Judges:

Lady Hale, Lord Wilson, Lord Carnwath, Lady Arden, Lord Sales

Citations:

[2020] UKSC 16, [2020] Pens LR 20, [2020] ICR 1013, [2020] 1 WLR 1774, [2020] HRLR 15, [2020] 4 All ER 347

Links:

Bailii, Bailii Summary

Jurisdiction:

England and Wales

Cited by:

CitedButler-Sloss and Others v The Charity Commission for England and Wales and Another ChD 29-Apr-2022
Principles allowing Ethical Investment by Trustees
Should charities, whose principal purposes are environmental protection and improvement and the relief of poverty, be able to adopt an investment policy that excludes many potential investments because the trustees consider that they conflict with . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Trusts

Updated: 07 May 2022; Ref: scu.650486

Ex parte Ward: CA 1882

The court was asked whether a creditor might petition for bankruptcy on a liability as a broker who had failed to settle sums due on purchasing shares on the London Stock Exchange. He was declared a defaulter under the Exchange rules as to andpound;5,623. The petition was met with a plea that their claim was not for a liquidated sum due at law or in equity as required by s.6 of the 1869 Act but was a claim for unliquidated damages.
Held: The claim was for a debt in a liquidated sum. The Stock Exchange rules were incorporated into the contract and the contract itself provided the means of ascertaining the amount due.
Cotton LJ said: ‘Rule 170 in the case of a defaulter really alters the original contract, and provides a new contract as between the defaulter and his creditor, and then the amount of the liability is fixed and ascertained in accordance with that altered contract.’

Judges:

Cotton LJ

Citations:

(1882) 22 Ch D 132

Statutes:

Bankruptcy Act 1869 6

Cited by:

CitedMcGuinness v Norwich and Peterborough Building Society CA 9-Nov-2011
The appellant had guaranteed his brother’s loan from the respondent, and the guarantee having been called in and unpaid, he had been made bankrupt. He now appealed saying that the guarantee debt, even though of a fixed amount could not form the . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Financial Services

Updated: 06 May 2022; Ref: scu.450452

Regina v Dixon: CACD 24 Nov 1999

It was wrong to imprison a company director for non-payment of pension contributions required to be made by the company where such amounts had been deducted from wages for this purpose, save in the presence of a fraudulent evasion. There was already a civil penalty imposed, and new legislation was to replace the offence of late payment with and offence of fraudulent evasion.

Citations:

Times 24-Nov-1999

Statutes:

Pensions Act 1995 49 (8)

Jurisdiction:

England and Wales

Criminal Sentencing, Financial Services, Company

Updated: 05 May 2022; Ref: scu.85233

Re Maxwell Communications Corporation Plc: Bishopsgate Investment Management Ltd v Homan: CA 26 Sep 1994

The remedy of tracing is not available through a bank account which was subsequently overdrawn. Nor does the doctrine of tracing extend to following value into a previously acquired asset: ‘there can be no equitable remedy against an asset acquired before the misappropriation of money takes place, since ex hypothesi it cannot be followed into something which existed and so had been acquired before the money was received and therefore without its aid.’

Judges:

Leggatt LJ

Citations:

Gazette 07-Oct-1994, Ind Summary 26-Sep-1994, [1995] 1 All ER 347

Jurisdiction:

England and Wales

Citing:

Appeal fromBishopsgate Investment Management Ltd v Homan and Others ChD 14-Jul-1994
A tracing remedy is defeated when the account into which the money is paid is overdrawn. . .

Cited by:

Appealed toBishopsgate Investment Management Ltd v Homan and Others ChD 14-Jul-1994
A tracing remedy is defeated when the account into which the money is paid is overdrawn. . .
CitedFoskett v McKeown and Others CA 27-Jun-1997
Various people had paid money with the promise of acquiring an interest in land in Portugal. The scheme was fraudulent. The funds had been used to purchase a life/investment policy. The policy was held in trust for the fraudster’s mother but he had . .
Lists of cited by and citing cases may be incomplete.

Equity, Financial Services

Updated: 05 May 2022; Ref: scu.85834

Hoover Ltd v Hetherington: ChD 2002

Judges:

Pumfrey J

Citations:

[2002] Pens LR 297

Jurisdiction:

England and Wales

Cited by:

CitedTrustee Solutions Ltd and others v Dubery and Another ChD 21-Jun-2006
The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment.
Held: The words ‘writing under hand’ clearly required a signature, and . .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 04 May 2022; Ref: scu.244449

Phoenix General Insurance Co of Greece SA v Halvanon Insurance Co Ltd: CA 1987

Kerr LJ summarised the aim of the Directives underlying the 1977 Regulations as being to achieve a uniform classification of non-life insurance businesses and of insured risks for the purposes of the supervision of insurers with a view to ensuring their solvency and proper administration. He continued: ‘The wording of the Regulations appears to me to demonstrate that the allocation of particular insurances into their appropriate class of Regulations requires the need for an examination of the manner in which the particular risks are written. This is a question of the true construction of the wording of the cover (see per Lord Reid, at p. 468C) and the wording of the classes of the Regulations are directed to this question. In the context of the possibility of committing a criminal offence, by writing unauthorised insurance business, this interpretation is no doubt undesirable, artificial and unbusinesslike. And if it were not for the safeguard against prosecutions in section 81 of the Act of 1974 and the transitional provisions of the Regulations to which I come later, I should struggle even more strongly against this interpretation of the Regulations. But in his examination of the authorities Mr. Kentridge satisfied me that whenever it has been material to consider the nature of the precise interest or risk insured, its description in the contract is crucial. Thus, in Wilson v. Jones (1867) L.R. 2 Ex. 139, where a shareholder in a cable laying company took out cover on the successful laying and installation of a transatlantic cable of which part was subsequently lost at sea, it was held that he could recover because his insurance was upon the success of the adventure and not upon the cable itself, in which he had no insurable interest. Similarly in other well known marine insurance cases such as Joyce v. Kennard (1871) L.R. 7 Q.B. 78 and Cunard Steamship Co. Ltd. v. Marten [1902] 2 K.B. 624, where it was essential to determine whether the insurance was ‘on’ goods or insurance against liability for goods, the wording of the cover and not the nature of the insurable interest was held to be decisive.
The conclusion to which I am driven, unfortunately from the point of view of what seems to me to be business sense, is that this is the approach which has to be adopted for the purpose of assigning the ‘nature of business’ in Schedule 1 to its appropriate class of the Regulations.’

Judges:

Kerr LJ

Citations:

[1988] QB 216, [1987] 2 All ER 152

Statutes:

Insurance Companies (Classes of General Business) Regulations 1977

Cited by:

CitedDigital Satellite Warranty Cover Ltd and Another v Financial Services Authority SC 13-Feb-2013
The appellants challenged an order for the dissolution of their company under the 2000 Acts. They had provided warranties for assorted consumer electrical goods which amounted to insurance, but said that they were not required to be registered under . .
Lists of cited by and citing cases may be incomplete.

Financial Services, European

Updated: 04 May 2022; Ref: scu.470964

Cowan v Scargill and Others: ChD 13 Apr 1984

Trustee’s duties in relation to investments

Within the National Coal Board Pension scheme, the trustees appointed by the NCB were concerned at the activities of the trustees of the miners, and sought directions from the court. The defendants refused to allow any funds to be invested abroad.
Held: The same principles applied to pension funds as applied to other trusts. The NUM trustees were attempting to impose the prohibitions in order to carry out union policy; and mere assertions that their sole consideration was the benefit of the beneficiaries do not alter that conclusion, and the defendant had misrepresented the effect of the legal advice upon which he purported to act.
As this was a trust to provide financial benefits, the power of investment must be exercised to yield the best return for the beneficiaries. However the judge qualified this moderately by saying that while the trustees’ paramount concern must be the beneficiaries’ financial benefit, there may be non-financial benefits that the beneficiaries may wish to obtain even if they might as a result receive lesser financial benefits.
Sir Robert Megarry VC said: ‘The starting point is the duty of trustees to exercise their powers in the best interests of the present and future beneficiaries of the trust, holding the scales impartially between different classes of beneficiaries. This duty of the trustees towards their beneficiaries is paramount. They must, of course, obey the law; but subject to that, they must put the interests of their beneficiaries first. When the purpose of the trust is to provide financial benefits for the beneficiaries, as is usually the case, the best interests of the beneficiaries are normally their best financial interests. In the case of a power of investment, as in the present case, the power must be exercised so as to yield the best return for the beneficiaries, judged in relation to the risks of the investments in question; and the prospects of the yield of income and capital appreciation both have to be considered in judging the return from the investment.’
If trustees for social or ethical reasons fail to make an investment which would produce a better result, the would be subject to criticism. ‘In considering what investments to make trustees must put on one side their own personal interests and views. Trustees may have strongly held social or political views. They may be firmly opposed to any investment in South Africa or other countries, or they may object to any form of investment in companies concerned with alcohol, tobacco, armaments or many other things. In the conduct of their own affairs, of course, they are free to abstain from making any such investments. Yet under a trust, if investments of this type would be more beneficial to the beneficiaries than other investments, the trustees must not refrain from making the investments by reason of the views that they hold.’
however: ‘If trustees make a decision upon wholly wrong grounds, and yet it subsequently appears, from matters which they did not express or refer to, that there are in fact good and sufficient reasons for supporting their decision, then I do not think that they would incur any liability for having decided the matter upon erroneous grounds; for the decision itself was right.’

Judges:

Sir Robert Megarry VC

Citations:

[1985] Ch 270, (1984) 128 SJ 550, [1984] IRLR 260, [1984] 3 WLR 501, [1984] 2 All ER 750

Statutes:

Coal Industry Nationalisation Act 1946 37

Jurisdiction:

England and Wales

Citing:

CitedButtle v Saunders ChD 1950
Trustees for sale had struck a bargain for the sale of trust property but had not bound themselves by a legally enforceable contract.
Held: They had a duty to consider and explore a better offer that they received, and not to carry through the . .
CitedIn re Wyvern Developments Ltd ChD 1974
An official receiver ‘must do his best by his creditors and contributories. He is in a fiduciary capacity and cannot make moral gestures, nor can the court authorise him to do so.’ . .
CitedBalls v Strutt 1841
‘It is a principle in this court, that a trustee shall not be permitted to use the powers which the trust may confer upon him at law, except for the legitimate purposes of his trust;…’ . .
CitedDuke of Portland v Topham CA 1864
Commonlii The donee of a power of appointing portions among his younger children appointed a double share to a younger child without previous communication with him. But it appeared from the instructions for the . .
CitedIn re Whiteley 1886
Lindley LJ considered the duties of a trustee in exercising his powers of investment and said: ‘The principle applicable to cases of this description was stated . . to be that a trustee ought to conduct the business of the trust in the same manner . .
CitedHarrison-Broadley v Smith CA 1964
The court has an inherent power to make declarations even though they have not been claimed in the proceedings. In order to give effect to a partnership, the partner who owns the premises on which the partnership business is carried on is taken to . .
CitedEvans v London Co-operative Society Ltd 6-Jul-1976
Rule 7 of the trust instrument of a pension fund provided for the pensions committee to make loans on certain terms to the Co-operative Society in question, and the pension fund had been receiving from the society less than the market rate of . .

Cited by:

CitedNestle v National Westminster Bank CA 6-May-1992
The claimant said that the defendant bank as trustee of her late father’s estate had been negligent in its investment of trust assets.
Held: The claimant had failed to establish either a breach of trust or any loss flowing from it, though . .
CitedLehtimaki and Others v Cooper SC 29-Jul-2020
Charitable Company- Directors’ Status and Duties
A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was . .
CitedButler-Sloss and Others v The Charity Commission for England and Wales and Another ChD 29-Apr-2022
Principles allowing Ethical Investment by Trustees
Should charities, whose principal purposes are environmental protection and improvement and the relief of poverty, be able to adopt an investment policy that excludes many potential investments because the trustees consider that they conflict with . .
Lists of cited by and citing cases may be incomplete.

Trusts, Financial Services

Leading Case

Updated: 04 May 2022; Ref: scu.222822

Henderson v Stephenson Harwood and Others: ChD 19 Jan 2005

The applicant appealed an award by the Pensions Ombudsman. He had been employed by the respondents as a solicitor in Hong Kong. He said it had been agreed that he would be be admitted to their pension scheme with retrospective effect.
Held: The section did not tie the Ombudsman to any particular remedy available to a court, though it was limited to making an order of the kind a court could make. Instead he had a wider discretion, and if he used that discretion, a court should be reluctant to intervene. The appeal was dismissed.

Judges:

Park J

Citations:

Times 27-Jan-2005

Statutes:

Pension Schemes Act 1993 151(2)

Financial Services

Updated: 30 April 2022; Ref: scu.223073

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration of incompatibility in respect of matters arising from events before the coming into force of the 1998 Act.
Held: Parliament cannot have intended that section 3(1) should have the effect of altering the parties’ existing rights and obligations under the Consumer Credit Act. In this transitional type of case, section 3(1) is inapplicable to the interpretation of the Consumer Credit Act, and the court had no jurisdiction to make a declaration of incompatibility. The courts are now required to evaluate the effect of primary legislation in terms of Convention rights and, where appropriate, to make a formal declaration of incompatibility. In carrying out this evaluation the court has to compare the effect of the legislation with the Convention right. The court was entitled for this purpose (and not merely for the purposes of interpretation) to look at ministerial statements (but not generally at parliamentary debates) to establish the purpose of the Act under consideration, and in doing so it was neither encroaching upon parliamentary privilege nor questioning the proceedings of Parliament. The severity of the effect of non-compliance with the requirements as to the form of Consumer Credit agreements, was reflected in the intention to protect consumers, and accordingly the legislation reflected the intended balance and was not incompatible.
Lord Rodger said this of the cases on vested rights: ‘It is not easy to reconcile all the decisions. This lends weight to the criticism that the reasoning in them is essentially circular: the courts have tended to attach the somewhat woolly label ‘vested’ to those rights which they conclude should be protected from the effect of the new legislation. If that is indeed so, then it is perhaps only to be expected since, as Lord Mustill observed in L’Office Cherifien des Phosphates v Yamashita-Shinnihon Steamship Co Ltd [1994] 1 AC 486, 525A, the basis of any presumption in this area of the law ‘is no more than simple fairness, which ought to be the basis of every general rule.” He said that the test might well be expressed: ‘would the consequences of applying the statutory provision retroactively, or so as to affect vested rights or pending proceedings, be ‘so unfair’ that Parliament could not have intended it to be applied in these ways? In answering that question, a court would rightly have regard to the way the courts have applied the criterion of fairness when embodied in the various presumptions.’
and ‘Since provisions which affect existing rights prospectively are not retroactive, the presumption against retroactivity does not apply. Nor is there any general presumption that legislation does not alter the existing legal situation or existing rights: the very purpose of Acts of Parliament is to alter the existing legal situation and this will often involve altering existing rights for the future . . ‘
Lord Nicholls said: ‘The Human Rights Act 1998 requires the court to exercise a new role in respect of primary legislation. This new role is fundamentally different from interpreting and applying legislation. The courts are now required to evaluate the effect of primary legislation in terms of Convention rights and, where appropriate, make a formal declaration of incompatibility. In carrying out this evaluation the court has to compare the effect of the legislation with the Convention right. If the legislation impinges upon a Convention right the court must then compare the policy objective of the legislation with the policy objective which under the Convention may justify a prima facie infringement of the Convention right. When making these two comparisons the court will look primarily at the legislation, but not exclusively so. Convention rights are concerned with practicalities. When identifying the practical effect of an impugned statutory provision the court may need to look outside the statute in order to see the complete picture, as already instanced in the present case regarding the possible availability of a restitutionary remedy. As to the objective of the statute, at one level this will be coincident with its effect. At this level, the object of section 127(3) is to prevent an enforcement order being made when the circumstances specified in that provision apply. But that is not the relevant level for Convention purposes. What is relevant is the underlying social purpose sought to be achieved by the statutory provision. Frequently that purpose will be self-evident, but this will not always be so.’

Judges:

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hobhouse of Woodborough, Lord Scott of Foscote, Lord Rodger of Earlsferry

Citations:

Gazette 18-Sep-2003, Times 11-Jul-2003, [2003] UKHL 40, [2003] 3 WLR 568, [2004] 1 AC 816, [2003] 2 All ER (Comm) 491, [2003] HRLR 33, [2003] UKHRR 1085, [2003] 4 All ER 97

Links:

House of Lords, Bailii

Statutes:

Consumer Credit Act 1974 8 61(1)(a) 65(1) 127(3), Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) 6, Human Rights Act 1998 3(1) 22(4), Interpretation Act 1977

Jurisdiction:

England and Wales

Citing:

CitedWilson v First County Trust (2) CA 2-May-2001
Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s . .
CitedSecretary of State for Social Security v Tunnicliffe CA 1991
Staughton LJ considered the interpretation of an Act of Parliament to give it retrospective powers: ‘In my judgment the true principle is that Parliament is presumed not to have intended to alter the law applicable to past events and transactions in . .
CitedL’Office Cherifien Des Phosphates and Another v Yamashita-Shinnihon Steamship Co Ltd HL 19-Jan-1994
The subject matter of statutes is so varied that generalised maxims are not a reliable guide. An arbitrator can dismiss a claim for inordinate and inexcusable delay, even where this had arisen before the Act which created the power.
Lord . .
CitedThe Home Office v Wainwright and Wainwright CA 20-Dec-2001
The claimants were awarded damages, following the way they were searched on seeking to enter prison on a visit. The Home Office appealed. They were asked to sign a consent form, but only after the search was nearly complete. They were told the . .
CitedRegina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
CitedRegina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
CitedGolder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
CitedMatthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
CitedZ And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
CitedFayed v United Kingdom ECHR 6-Oct-1994
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb . .
CitedBramelid v Sweden ECHR 1983
A law may infringe article 1 if it creates an ‘imbalance’ between the parties which would result in one party being arbitrarily or unjustly deprived of his possessions for the benefit of the other . .
CitedJames and Others v The United Kingdom ECHR 21-Feb-1986
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion.
Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a . .
CitedHakansson And Sturesson v Sweden ECHR 21-Feb-1990
Where agricultural property is bought subject to the conditions of the general law, and the purchaser is subsequently obliged to re-sell the property at a substantially lower price, the Court will consider the lawfulness and purpose of the . .
CitedWestdeutsche Landesbank Girozentrale v Islington London Borough Council CA 30-Dec-1993
A bank paid money to a local authority under an interest rate swap agreement, which was held later to be outside the local authority’s powers.
Held: The local authority was to repay the money paid to it for an ultra vires purpose (a swap . .
CitedTinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom ECHR 10-Jul-1998
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be . .
CitedOrakpo v Manson Investments Ltd HL 1977
Transactions were entered into under which loans were made to enable the borrower to acquire and develop certain properties were held to be unenforceable under the 1927 Act. The effect was to enrich the borrower, who had fallen into arrears of . .
CitedDimond v Lovell HL 12-May-2000
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled.
CitedBlack-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG HL 5-Mar-1975
Statute’s Mischief May be Inspected
The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute.
Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may . .
CitedMellacher and Others v Austria ECHR 19-Dec-1989
The case concerned restrictions on the rent that a property owner could charge. The restrictions were applied to existing leases. It was said that the restrictions brought into play the second paragraph of Article 1 of the First Protocol to the . .
CitedPrebble v Television New Zealand Ltd PC 27-Jun-1994
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
CitedRegina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
CitedPepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
CitedRegina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
CitedRegina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
CitedRegina v Field (Brian John); Regina v Young (Alfred) CACD 12-Dec-2002
Each applicant having been convicted of indecent assaults involving children, now appealed an order banning them from working with children.
Held: The orders were not penalties within article 7. The order was available in the absence of a . .
CitedBeswick v Beswick HL 29-Jun-1967
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .
CitedReardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’) HL 1976
In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. . .
CitedMarckx v Belgium ECHR 13-Jun-1979
Recognition of illegitimate children
The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. . .
CitedH v Belgium ECHR 30-Nov-1987
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings
It is for . .
CitedPowell v United Kingdom ECHR 4-May-2000
A ten-year old boy had died from Addison’s disease. No inquest took place, because the coroner decided that the boy had died of natural causes. The parents, who were also affected by the events, had accepted compensation from the local health . .
CitedPoplar Housing and Regeneration Community Association Ltd v Donoghue CA 27-Apr-2001
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority.
Held: Once the human rights issue was raised, . .
CitedRe S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan) HL 14-Mar-2002
The Court of Appeal had imposed conditions upon the care plan to be implemented by the local authorities, identifying certain ‘starred’ essential milestones. The local authorities appealed.
Held: This was not a legitimate extension of the . .
CitedMaxwell v Murphy 1957
Sir Owen Dixon CJ said: ‘The general rule of the common law is that a statute changing the law ought not, unless the intention appears with reasonable certainty, to be understood as applying to facts or events that have already occurred in such a . .
CitedWest v Gwynne CA 1911
The plaintiffs were assignees of a lease dating from 1874. The lease contained a covenant by the lessees against underletting the premises or any part thereof without the consent in writing of the landlord. Under the Act, landlords could no longer . .
CitedAttorney General v Vernazza HL 1960
Vernazza was a vexatious litigant. The Attorney-General obtained an order pursuant to an Act which gave the court power to prohibit such a litigant instituting proceedings without leave. Vernazza appealed. Between the making of the original order . .
CitedAbbott v Minister for Lands PC 30-Mar-1895
(From the Supreme Court for New South Wales) When considering what was a ‘vested right’ for the purposes of applying the presumption against retrospectivity of statutes affecting such rights, to convert a mere right existing in the members of the . .
CitedIn re Athlumney 1898
Wright J said: ‘Perhaps no rule of construction is more firmly established than this – that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation, otherwise than as regards matter of procedure, . .
CitedZainal bin Hashim v Government of Malaysia PC 1980
A statute should not be given a construction that would impair existing rights personal or in property unless the language in which it is couched requires such a construction. The court considered the presumption that vested rights are not affected . .
CitedIn re Joseph Suche and Co Ltd CA 1875
There is a a presumption, that legislation does not apply to actions which are pending at the time when it comes into force unless the language of the legislation compels the conclusion that Parliament intended that it should. It is ‘a general rule . .
CitedHedderwick v The Federal Commissioner of Land Tax 1913
When considering the operation of the presumption against retrospectivity in Acts affecting vested rights, ‘the Crown’s vested rights are to be respected as much as are the rights of private persons.’ . .
CitedChief Adjudication Officer and Another v Maguire CA 23-Mar-1999
A claimant who had satisfied the conditions required to become eligible for special hardship allowance but who had yet made no claim, retained his right to the allowance after the Act under which the claim might be brought was repealed. ‘A mere hope . .
CitedWright v Hale 23-Nov-1860
When considering the retrospective effects of an Act, ‘where the enactment deals with procedure only, unless the contrary is expressed, the enactment applies to all actions, whether commenced before or after the passing of the Act.’ . .
CitedRepublic of Costa Rica v Erlanger 1876
The court explained why the retrospectivity of an Act of Parliament was treated differently for matters of procedure. Mellish LJ said: ‘No suitor has any vested interest in the course of procedure, nor any right to complain, if during the litigation . .
Appeal fromGeorge Hudson Ltd v Australian Timber Workers’ Union 1923
When considering the intentions behind an Act of Parliament to enquire as to its retrospective effect, the court must look to all the circumstances, ‘that is to say, the whole of the circumstances which the legislature may be assumed to have had . .
CitedIn re a Debtor CA 1936
Lord Wright MR said: ‘Thus while an appellate court is able, and bound, to give effect to new remedies which have been introduced by enactments passed after the order appealed from was made by the court of first instance, yet with regard to . .
CitedYew Bon Tew v Kenderaan Bas Mara PC 7-Oct-1982
(Malaysia) In 1972 the appellants were injured by the respondent’s bus. At that time the local limitation period was 12 months. In 1974 the limitation period became three years. The appellants issued a writ in 1975. To succeed they would have to sue . .
CitedSmith and Grady v The United Kingdom ECHR 27-Sep-1999
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into . .

Cited by:

CitedRegina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions Admn 30-Oct-2003
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it . .
CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
CitedIn re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
CitedFlynn, Meek, Nicol and McMurray v Her Majesty’s Advocate PC 18-Mar-2004
PC (High Court of Justiciary) The applicants had each been convicted of murder, and complained that the transitional provisions for determining how long should be served under the life sentences infringed their . .
CitedRegina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedEvans v Amicus Healthcare Ltd and others CA 25-Jun-2004
The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use.
Held: The judge worked . .
CitedThe Financial Services Authority v William Matthews Patricia Janet Matthews ChD 21-Dec-2004
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 . .
CitedTrailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another CA 15-Dec-2004
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. . .
CitedMalcolm v Mackenzie, Allied Dunbar Plc CA 21-Dec-2004
The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory.
Held: The . .
CitedNational Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
CitedJackson and others v Attorney General HL 13-Oct-2005
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of . .
CitedJ A Pye (Oxford) Ltd v The United Kingdom ECHR 15-Nov-2005
The claimants had been the registered proprietors of land, they lost it through the adverse possession of former tenants holding over. They claimed that the law had dispossessed them of their lawful rights.
Held: The cumulative effect of the . .
CitedWilson v Wychavon District Council and Another Admn 20-Dec-2005
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of . .
CitedBegum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
CitedBaiai and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Apr-2006
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The . .
CitedOxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
CitedLisa Smith, Regina (on the Application of) v South Norfolk Council Admn 10-Nov-2006
The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
CitedBradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 21-Feb-2007
The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid.
Held: The court should not rely on . .
CitedL, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 1-Mar-2007
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity.
Held: As to the meaning of section 115: ‘if Parliament . .
CitedBelfast City Council v Miss Behavin’ Ltd HL 25-Apr-2007
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence.
Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of . .
CitedSecretary of State for the Home Department v Baiai and others CA 23-May-2007
The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England.
Held: The rules were not justified by evidence . .
CitedAnimal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
CitedHurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
CitedG, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust Admn 20-May-2008
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law.
Held: The claim failed. The legislative objectives were sufficiently serious to . .
CitedHorsham Properties Group Ltd v Clark and Another ChD 8-Oct-2008
The court was asked whether section 101 of the 1925 Act infringes the Convention rights of residential mortgagors by allowing mortgagees to overreach the mortgagor by selling the property out of court, without first obtaining a court order either . .
CitedRJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
CitedRegina v Kenning, Blackshaw, Fenwick CACD 24-Jun-2008
The defendants appealed against their convictions for conspiracy to aid and abet the production of drugs. They sold materials which could be used for the growing of cannabis, but exhibited a notice warning customers against this. They told . .
CitedHeath v Southern Pacific Mortgage Ltd ChD 29-Jan-2009
The appellant challenged a mortgagee’s possession order saying that the loan agreements sought to be enforced were invalid and the charges unenforceable. The loan had been in two parts. She said that as a multi-part agreement it fell within section . .
CitedOdelola v Secretary of State for the Home Department HL 20-May-2009
The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application. . .
CitedMcGuffick v The Royal Bank of Scotland Plc ComC 6-Oct-2009
Requirements for Enforcing Consumer Loan Agreement
The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could . .
CitedA, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service SC 9-Dec-2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it . .
CitedCarey v HSBC Bank plc, Yunis v Barclays Bank plc and similar QBD 23-Dec-2009
(Manchester Mercantile Court) The court considered the effects in detail where a bank was unable to comply with a request under section 78 of the 1974 Act to provide a copy of the agreement signed by the client.
Held: The court set out to give . .
CitedF and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Apr-2010
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the . .
CitedMcCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
CitedSimpson v Norfolk and Norwich University Hospital NHS Trust CA 12-Oct-2011
The court was asked whether it was possible to assign as a chose in action a cause of action in tort for damages for personal injury, and if so under what circumstances it was possible.
Held: The appeal was dismissed. The claimant did not have . .
CitedSecretary of State for Energy and Climate Change v Friends of The Earth and Others CA 25-Jan-2012
The Secretary had issued a consultation on the payments for solar energy feed-in-tarriffs, with a view to the new rate being brought in in April 2012. As the consultation ended, he proposed to reduce rates from December 2011. He now appealed against . .
CitedGolden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another CA 9-Mar-2012
The court was asked ‘whether a contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor. It is common in commercial . .
CitedRe Erskine 1948 Trust ChD 29-Mar-2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last . .
CitedWheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 2-May-2008
The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon.
Held: The claimant had arguable points under the 2000 Act and otherwise, and permission . .
CitedSalvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
CitedLord 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 . .
CitedThe Manchester Ship Canal Company Ltd and Another v United Utilities Water Plc SC 2-Jul-2014
The court was asked: ‘whether a sewerage undertaker under the Water Industry Act 1991 has a statutory right to discharge surface water and treated effluent into private watercourses such as the Respondents’ canals without the consent of their . .
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedSmith v Lancashire Teaching Hospitals NHS Trust and Another QBD 8-Sep-2016
The claimant had cohabited with the deceased: ‘The claimant seeks a declaration in one of two alternative forms:
i) Pursuant to s.3 of the Human Rights Act 1998 . . that s.1A(2)(a) of the Fatal Accidents Act 1976 . . is to be read as including . .
CitedHS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
CitedHand and Another v George ChD 17-Mar-2017
Adopted grandchildren entitled to succession
The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will.
Held: The claim succeeded. The defendants, the other beneficiaries were not . .
CitedDocherty, Regina v SC 14-Dec-2016
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
CitedBarlow v Wigan Metropolitan Borough Council CA 1-Jun-2020
Presumption of dedication dates back.
The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. . .
CitedHuman Rights Commission for Judicial Review (Northern Ireland : Abortion) SC 7-Jun-2018
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
CitedDA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-May-2019
Several lone parents challenged the benefits cap, saying that it was discriminatory.
Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to . .
CitedPatel v Mirza SC 20-Jul-2016
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums . .
Lists of cited by and citing cases may be incomplete.

Consumer, Human Rights, Financial Services

Leading Case

Updated: 29 April 2022; Ref: scu.184398

Hughes v Asset Managers Plc: CA 13 May 1994

The appellants had entered into discretionary investment management agreements wth the respondent. The investments made a substantial losss which the appellants sought to recover, saying that the agreements were void under the 1958 Act.
Held: The absence of a licence did not avoid an agreement needing a licence.
The claimants had put money with the defendants to invest. The markets fell, and they lost substantially. They now sought recovery saying that the asset management agreement was invalid and void under section 1 in that the person who signed the agreement for the defendants was not himself authorised at the time.
Held: The claimants appeal failed. The Act did not have the effect that non-compliance would render the contract void.

Judges:

Nourse, Hirst, Saville LJJ

Citations:

Ind Summary 13-Jun-1994, [1994] EWCA Civ 14, [1995] 3 All ER 669, [1994] CLC 556

Links:

Bailii

Statutes:

Prevention of Frauds (Investment) Act 1958 1

Jurisdiction:

England and Wales

Citing:

CitedCornelius v Phillips HL 1918
A transaction which had been entered into in contravention of statutory restrictions was unlawful, and any contract which formed part of it conferred no rights on the moneylender. . .
CitedSt John Shipping Corporation v Joseph Rank Limited 1956
The defendants held a bill of lading for part of the cargo carried on the plaintiffs’ vessel from Mobile, Alabama, to Birkenhead. The vessel was over laden and the plaintiffs were guilty of an offence under the 1932 Act. The defendants relied on the . .
CitedRe Cavalier Insurance Co Ltd 1989
The court considered the effect on a transaction of rules which prohibited the actions of both parties, in this case a prohibition on effecting and carrying out contracts of insurance. . .
CitedCope v Rowlands 1836
The court considered te situation of entry into a contract by a person under a statutory prohibition. Parke B said: ‘It is perfectly settled that where the contract which the plaintiff seeks to enforce, be it express or implied, is expressly or by . .
CitedHalvanon Insurance Co Ltd v Central Reinsurance Corporation CA 1988
The fact that a contract was made by an unauthorised insurer contrary to the 1974 Act, which was silent as to the effect of a breach of this statute, did not render the contracts made by the unauthorised insurer void. Rendering transactions void . .

Cited by:

CitedPatel v Mirza SC 20-Jul-2016
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Financial Services, Contract

Updated: 29 April 2022; Ref: scu.81519

Royal Masonic Hospital and Another v Pensions Ombudsman and Another: ChD 31 Jan 2001

The applicant sought a pension from the scheme. He claimed that the preservation of benefit rules applied. However this scheme provided for pensions to be funded from the general assets of the fund at the time when a pension came to be due. The scheme was not therefore a funded one, and the preservation of benefit rules did not apply unless the scheme was such a funded scheme.

Citations:

Times 31-Jan-2001, Gazette 01-Feb-2001

Statutes:

Pension Schemes Act 1993 69

Jurisdiction:

England and Wales

Financial Services

Updated: 28 April 2022; Ref: scu.88894

Ukraine v The Law Debenture Trust Corporation Plc: CA 14 Sep 2018

The state of Ukraine (acting by its Minister of Finance acting upon the instructions of the Cabinet of Ministers of Ukraine) appeals against an order for summary judgment for the payment of US$3.075 billion plus interest

Citations:

[2018] EWCA Civ 2026

Links:

Bailii

Jurisdiction:

England and Wales

Financial Services

Updated: 27 April 2022; Ref: scu.622328

G4S Plc v G4S Trustees Ltd: ChD 12 Jun 2018

Part 8 claim in relation to a pension scheme raising a single question, namely whether a scheme that is closed to future accrual, but where the members’ benefits continue to be linked to their final salary, is to be regarded as a ‘frozen’ scheme for the purposes of the regulations.

Citations:

[2018] EWHC 1749 (Ch)

Links:

Bailii

Statutes:

Occupational Pension Schemes (Employer Debt) Regulations 2005

Jurisdiction:

England and Wales

Financial Services

Updated: 25 April 2022; Ref: scu.620092

Whiteman v Sadler: HL 25 Jul 1910

The Moneylenders Act 1900, sec. 2, sub-sec. 1, provides that a moneylender ( a) shall register himself ‘under his own or usual trade name, and in no other name,’ ( b) shall carry on business ‘in his registered name and in no other name,’ and ( c) ‘shall not enter into any agreement . . otherwise than in his registered name.’ Penalties, enforceable by criminal procedure, are provided for any breach of the section.
A firm of two persons registered themselves as moneylenders under the novel and assumed name of ‘C. and Co.,’ which had not been used by them before registration. One of them was also registered and carried on business as an individual moneylender under another assumed name. A borrower from the firm sought to have his contract of loan declared void as in contravention of the statute.
Held (1) that the registration of the novel assumed name and the separate business in a different name were in breach of the Act, but (2) that the contract, being entered into under the name actually registered, was not rendered void.

Citations:

[1910] UKHL 713

Links:

Bailii

Statutes:

Moneylenders Act 1900

Jurisdiction:

England and Wales

Financial Services

Updated: 25 April 2022; Ref: scu.619800

Glendinning v Hope and Co: HL 26 Jun 1911

A stockbroker has a general lien on documents such as transfers coming into his hands in the course of his business and lawfully in his custody, and that even in respect of debts due by a customer to him not arising out of the transaction to which the transfer relates.

Judges:

Lord Chancellor (Loreburn), Lords Kinnear, Atkinson, and Shaw

Citations:

[1911] UKHL 775, 48 SLR 775

Links:

Bailii

Jurisdiction:

Scotland

Financial Services

Updated: 25 April 2022; Ref: scu.619199

Meridian Global Funds Management Asia Ltd v Securities Commission: PC 26 Jun 1995

(New Zealand) The New Zealand statute required a holder of specified investments to give notice of its holding to a regulator as soon as it became aware of its holding. Unbeknown to any others in the company apart from one colleague, its chief investment officer improperly acquired such investments on the company’s behalf. The former managing director of Meridian used the company’s funds to make it a substantial security holder but neither he nor anyone else gave the requisite statutory notice requiring every person who became a ‘substantial security holder’ to give notice of his interest both to the company and to the Stock Exchange as soon as he knew he was a substantial security holder. The question was whether his acts or omissions were the acts or omission of the company so as to render the company liable to the statutory penalties.
Held: The company was liable. It was a matter of construction in each situation to decide whether an employee’s knowledge is to be imputed to his employer. It might be so imputed where this was necessary to make legislation effective.
Lord Hoffmann said that the rules for attributing the acts of a director to the company are primarily in its constitution, but ‘These primary rules of attribution are obviously not enough to enable a company to go out into the world and do business. Not every act on behalf of the company could be expected to be the subject of a resolution of the board or a unanimous decision of the shareholders. The company therefore builds upon the primary rules of attribution by using general rules of attribution which are equally available to natural persons, namely, the principles of agency. It will appoint servants and agents whose acts, by a combination of the general principles of agency and the company’s primary rules of attribution, count as the acts of the company. And having done so, it will also make itself subject to the general rules by which liability for the acts of others can be attributed to natural persons, such as estoppel or ostensible authority in contract and vicarious liability or tort.
It is worth pausing at this stage to make what may seem an obvious point. Any statement about what a company has or has not done, or can or cannot do, is necessarily a reference to the rules of attribution (primary and general) as they apply to that company. Judges sometimes say that a company ‘as such’ cannot do anything; it must act by servants or agents. This may seem an unexceptionable, even banal remark. And of course the meaning is usually perfectly clear. But a reference to a company ‘as such’ might suggest that there is something out there called the company of which one can meaningfully say that it can or cannot do something. There is in fact no such thing as the company as such, no ding an sich, only the applicable rules. To say that a company cannot do something means only that there is no one whose doing of that act would, under the applicable rules of attribution, count as an act of the company.
The company’s primary rules of attribution together with the general principles of agency, vicarious liability and so forth are usually sufficient to enable one to determine its rights and obligations. In exceptional cases, however, they will not provide an answer. This will be the case when a rule of law, either expressly or by implication, excludes attribution on the basis of the general principles of agency or vicarious liability. For example, a rule may be stated in language primarily applicable to a natural person and require some act or state of mind on the part of that person ‘himself’ as opposed to his servants or agents. This is generally true of rules of the criminal law, which ordinarily impose liability only for the actus reus and mens rea of the defendant himself. How is such a rule to be applied to a company?
One possibility is that the court may come to the conclusion that the rule was not intended to apply to companies at all; for example, a law which created an offence for which the only penalty was community service. Another possibility is that the court might interpret the law as meaning that it could apply to a company only on the basis of its primary rules of attribution, i.e. if the act giving rise to liability was specifically authorised by a resolution of the board or an unanimous agreement of the shareholders. But there will be many cases in which neither of these solutions is satisfactory; in which the court considers that the law was intended to apply to companies and that, although it excludes ordinary vicarious liability, insistence on the primary rules of attribution would in practice defeat that intention. In such a case, the court must fashion a special rule of attribution for the particular substantive rule. This is always a matter of interpretation: given that it was intended to apply to a company, how was it intended to apply? Whose act (or knowledge, or state of mind) was for this purpose intended to count as the act etc. of the company? One finds the answer to this question by applying the usual canons of interpretation, taking into account the language of the rule (if it is a statute) and its content and policy.’
Lord Hoffmann: ‘. . . their Lordships would wish to guard themselves against being understood to mean that whenever a servant of a company has authority to do an act on its behalf, knowledge of that act will for all purposes be attributed to the company. It is a question of construction in each case as to whether the particular rule requires that the knowledge that an act has been done, or the state of mind with which it was done, should be attributed to the company. Sometimes, as in In re Supply of Ready Mixed Concrete (No. 2) [1995] 1 A.C. 456 and this case, it will be appropriate . . .. On the other hand, the fact that a company’s employee is authorised to drive a lorry does not in itself lead to the conclusion that if he kills someone by reckless driving, the company will be guilty of manslaughter. There is no inconsistency. Each is an example of an attribution rule for a particular purpose, tailored as it always must be to the terms and policies of the substantive rule.’

Judges:

Lord Hoffmann, Lord Keith of Kinkel, Lord Jauncev of Tullichettle, Lord Mustill, Lord Lloyd of Berwick

Citations:

Gazette 19-Jul-1995, Times 29-Jun-1995, [1995] 2 AC 500, [1995] BCC 942, [1995] 3 All ER 918, [1995] UKPC 5, [1995] 3 WLR 413, [1995] 2 BCLC 116

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedCrown Dilmun, Dilmun Investments Limited v Nicholas Sutton, Fulham River Projects Limited ChD 23-Jan-2004
There was a contract for the sale of Craven Cottage football stadium, conditional upon the grant of non-onerous planning permissions. It was claimed that the contract had been obtained by the defendant employee in breach of his fiduciary duties to . .
CitedMajrowski v Guy’s and St Thomas’ NHS Trust CA 16-Mar-2005
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim.
Held: The appeal succeeded. The . .
CitedKR and others v Royal and Sun Alliance Plc CA 3-Nov-2006
The insurer appealed findings of liability under the 1930 Act. Claims had been made for damages for child abuse in a residential home, whom they insured. The home had become insolvent, and the claimants had pursued the insurer.
Held: The . .
CitedMoore Stephens (A Firm) v Stone Rolls Ltd (in liquidation) HL 30-Jul-2009
The appellants had audited the books of the respondent company, but had failed to identify substantial frauds by an employee of the respondent. The auditors appealed a finding of professional negligence, relying on the maxim ex turpi causa non . .
CitedFerguson v British Gas Trading Ltd CA 10-Feb-2009
Harassment to Criminal Level needed to Convict
The claimant had been a customer of the defendant, but had moved to another supplier. She was then subjected to a constant stream of threatening letters which she could not stop despite re-assurances and complaints. The defendant now appealed . .
CitedOrr v Milton Keynes Council CA 1-Feb-2011
The employee was involved in offensive and insubordinate behaviour with his team leader. He was dismissed by a more senior manager, after a hearing in which the first manager gave evidence but which the claimant did not attend. It was later shown . .
CitedReilly v Sandwell Metropolitan Borough Council SC 14-Mar-2018
Burchell case remains good law
The appellant head teacher had been dismissed for failing to disclose the fact that her partner had been convicted of a sex offence. She now appealed from rejection of her claim for unfair dismissal.
Held: The appeal was dismissed. The . .
CitedRoyal Mail Group Ltd v Jhuti SC 27-Nov-2019
‘if a person in the hierarchy of responsibility above the employee determines that she (or he) should be dismissed for a reason but hides it behind an invented reason which the decision-maker adopts, the reason for the dismissal is the hidden reason . .
CitedSingularis Holdings Ltd v Daiwa Capital Markets Europe Ltd SC 30-Oct-2019
The Court was asked whether a claim against a bank for breach of the Quincecare duty is defeated if the customer is a company, and the fraudulent payment instructions are given by the company’s Chairman and sole shareholder who is the dominating . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Vicarious Liability, Company

Updated: 25 April 2022; Ref: scu.83660

Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd: ChD 16 Feb 2017

Claim for return of money said to be held for the claimant’s benefit by a stockbroker.
Held: Rose J dismissed the dishonest assistance claim because Daiwa’s employees had acted honestly. However, she upheld the negligence claim, while making a deduction of 25% under the Law Reform (Contributory Negligence) Act 1945 to reflect the contributory fault of Mr Al Sanea and the company’s inactive directors, for which the company was responsible

Judges:

Rose J

Citations:

[2017] EWHC 257 (Ch), [2017] WLR(D) 109, [2017] Bus LR 1386

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

At First InstanceSingularis Holdings Ltd v Daiwa Capital Markets Europe Ltd SC 30-Oct-2019
. .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 24 April 2022; Ref: scu.575355

Patel v Mirza: CA 29 Jul 2014

The claimant sought the return of a sum paid to the defendant, a foreign exchange broker, to be used to take advantage of expected insider knowledge of issues it was thought would allow a profit from trading in a large company’s share. The information did not materialise, but the defendat refused to repay what he said was a loan for illegal purposes.

Judges:

Rimer, Gloster, Vos LJJ

Citations:

[2014] EWCA Civ 1047, [2014] WLR(D) 337

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Contract, Financial Services

Updated: 24 April 2022; Ref: scu.535402

ITV Plc and Others v The Pensions Regulator With Box Clever Trustees Ltd As An Interested Party: UTTC 18 May 2018

PENSIONS REGULATOR – Financial support direction – pension scheme of joint venture company insufficiently resourced – jurisdiction – whether Targets connected with or an associate of the employer at the relevant time – yes – whether the legislation can be applied to events all of which occurred before legislation came into force – yes – whether different treatment by Regulator of Targets to co-joint
venturer lawful- yes- whether presence of moral hazard necessary – no – whether reasonable to impose financial support direction on the Targets – yes – Pensions Act 2004 ss 43, 100 and 103 – references dismissed

Citations:

[2018] UKUT 164 (TCC)

Links:

Bailii

Statutes:

Pensions Act 2004

Jurisdiction:

England and Wales

Financial Services

Updated: 22 April 2022; Ref: scu.616369

UK Innovative TI Ltd and Another v The Financial Conduct Authority: UTTC 25 Apr 2018

FINANCIAL SERVICES – procedure – applicants contending they have third party rights in relation to a Supervisory Notice – whether Tribunal has jurisdiction in relation to the subject matter of the references-no-references struck out – Rule 8 (2) (a) Tribunal Procedure (Upper Tribunal) Rules 2008

Judges:

Judge Timothy Herrington

Citations:

[2018] UKUT 136 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Citedin re Pergamon Press Ltd CA 1971
The court was asked as to the duties of inspectors appointed under the 1948 Act. Sachs LJ said: ‘The inspectors’ function is in essence to conduct an investigation designed to discover whether there are facts which may result in others taking . .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 14 April 2022; Ref: scu.609722

Lewin, Regina (on The Application of) v The Financial Reporting Council Ltd and Others: Admn 19 Mar 2018

Judges:

Nicola Davies DBE J

Citations:

[2018] EWHC 446 (Admin), [2018] WLR(D) 183, [2018] 1 WLR 2867

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Citedin re Pergamon Press Ltd CA 1971
The court was asked as to the duties of inspectors appointed under the 1948 Act. Sachs LJ said: ‘The inspectors’ function is in essence to conduct an investigation designed to discover whether there are facts which may result in others taking . .

Cited by:

Main JudgmentLewin, Regina (on The Application of) v The Financial Reporting Council Ltd and Others (Costs) Admn 19-Mar-2018
. .
Lists of cited by and citing cases may be incomplete.

Financial Services, Administrative

Updated: 13 April 2022; Ref: scu.608934

Westminster City Council v Haywood and another (No 2): ChD 26 Jan 2000

Regulations had been brought adding new categories of scheme members with associated rights. Members of the scheme stated that they wished to complain, but the authority said that their membership was not of a class of member having the right to make such a complaint.
Held: The effect of the regulations was retrospective, and that accordingly the members did have the right to complain to the ombudsman.

Citations:

Times 26-Jan-2000, Gazette 03-Feb-2000, Times 10-Mar-2000

Statutes:

Personal and Occupational Pensions Schemes (Miscellaneous Amendments) (No 1) Regulations 1997 (1997 No 786)

Jurisdiction:

England and Wales

Financial Services

Updated: 12 April 2022; Ref: scu.90424

Wirral Borough Council v Evans and Another: ChD 20 Feb 2001

Although the administrators of an occupational pension scheme had no duty to advise a beneficiary of the scheme, they could still have a duty to act with reasonable care and skill where they took such a duty upon themselves by in fact giving specific advice to a beneficiary.

Citations:

Times 20-Feb-2001

Jurisdiction:

England and Wales

Professional Negligence, Financial Services

Updated: 10 April 2022; Ref: scu.90574

Wight and another v Olswang: ChD 18 Apr 2000

When assessing the actions of a trustee in making investment decisions, the presence of breaches of trust did not require any higher standard of decision making, and no claim by disappointed beneficiaries could succeed without showing that the decision was one which no reasonable man of ordinary prudence in that trustees circumstances of knowledge and background could have made.

Citations:

Times 18-Apr-2000, Gazette 05-May-2000

Citing:

Appealed toWight and Wight v Olswang CA 7-Dec-2000
. .

Cited by:

Appeal fromWight and Wight v Olswang CA 7-Dec-2000
. .
Lists of cited by and citing cases may be incomplete.

Trusts, Financial Services

Updated: 10 April 2022; Ref: scu.90491

Westminster City Council v Haywood and Another: ChD 12 Mar 1996

The Pensions Ombudsman may not order trustees of a pension scheme to pay compensation which was ultra vires the scheme.

Citations:

Times 12-Mar-1996

Statutes:

Pensions Act 1993

Cited by:

CitedHillsdown Holdings plc v Pensions Ombudsman 1997
The court had to answer the question of whether the Pensions Ombudsman could make orders which the court could not.
Held: It could not, Knox J said: ‘there is a real distinction between ordering compensation for inconvenience and distress . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Trusts

Updated: 10 April 2022; Ref: scu.90423

Whitbread plc v UCB Corporate Services Ltd: CA 22 Jun 2000

A deed altering the priorities of two mortgages limited the amount of the prior loan to a capital sum together with interest. The party with priority claimed to be entitled to compound interest, and the second resisted it. The court said that the word ‘interest’ must refer to that payable under the loan agreement secured by the deeds, and not to interest generally, and therefore the compounded interest was given priority.

Citations:

Times 22-Jun-2000, Gazette 29-Jun-2000

Jurisdiction:

England and Wales

Land, Financial Services

Updated: 10 April 2022; Ref: scu.90452

Regina v Securities and Investments Board and Another, Ex Parte Sun Life Assurance Society Plc: QBD 5 Oct 1995

Calls from SIB for contributions to compensation fund for default were proper. The section was intended to ensure sufficiency of compensation, not to limit the liability of practitioners.

Citations:

Times 09-Oct-1995, Independent 05-Oct-1995

Statutes:

Financial Services Act 1986 54(3)

Financial Services

Updated: 10 April 2022; Ref: scu.87995

Kemble and Another v Kicks and Others; In Re the Trusts of the Scientific Investment Pension Plan: ChD 5 Mar 1998

Provision in pension scheme withdrawing benefits to bankrupt beneficiary defeated trustees claim only if determinable or defeasible interest.

Judges:

Rattee J

Citations:

Times 05-Mar-1998, [1998] PLR 141, [1999] Ch 53

Cited by:

CitedMalcolm v Mackenzie, Allied Dunbar Plc CA 21-Dec-2004
The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory.
Held: The . .
CitedBelmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another SC 27-Jul-2011
Complex financial instruments insured the indebtedness of Lehman Brothers. On that company’s insolvency a claim was made. It was said that provisions in the documents offended the rule against the anti-deprivation rule. The courts below had upheld . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Insolvency

Updated: 09 April 2022; Ref: scu.82722

Jefferies and Others v Mayes and Others; National Grid Company Plc v Same; National Power Plc v Feldon and Others: ChD 30 Jun 1997

A lawful decision by pension trustees as to the use of a pension surplus is not susceptible to being overruled by the Pension’s Ombudsman.

Citations:

Times 30-Jun-1997

Jurisdiction:

England and Wales

Financial Services, Administrative, Employment

Updated: 08 April 2022; Ref: scu.82505

In Re Market Wizard Systems (UK) Ltd: ChD 31 Jul 1998

A computer giving advice of share sale holding and selling positions was giving advice regulatable under the Financial Services Act, and the company selling the software committed the offence when the software was sold even though ‘advice’ was much later.

Citations:

Gazette 03-Sep-1998, Times 31-Jul-1998

Statutes:

Financial Services Act 1986 Sch 1 Para 15, Insolvency Act 1986

Financial Services

Updated: 08 April 2022; Ref: scu.82047

In Re Axa Equity and Law Life Assurance Society Plc; In Re Axa Sun Life Plc: ChD 19 Dec 2000

A policyholder in a mutual life insurance company who sought to oppose a proposed re-organisation was entitled to a pre-emptive order for his costs. His position was akin to that of a minority shareholder in a company undergoing a similar proposal, and he should have the same assistance. His application was representative of a substantial class of members of the society who might wish to oppose the reorganisation. The costs order could be extended also to cover his potential liability should a costs order be made against him.

Citations:

Times 19-Dec-2000, Gazette 05-Jan-2001, [2001] 2 BCLC 447

Jurisdiction:

England and Wales

Cited by:

CitedCorner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 08 April 2022; Ref: scu.81702