References: [2014] UKUT 340 (TCC)
Links: Bailii
UTTC FINANCIAL SERVICES – procedure – application to make reference out of time – whether Tribunal satisfied that in all the circumstances application should be granted – yes – Rule 2 and Schedule 3 Paragraph 2(2) Tribunal Procedure (Upper Tribunal) Rules 2008

References: [2014] UKUT 175 (TCC)
Links: Bailii
UTTC PENSIONS REGULATOR – Financial support direction – procedure – whether Targets should be barred from pursuing parts of their pleaded cases on grounds that previous case management decision had created an issue estoppel – no – whether to allow issue to continue to be pleaded would be an abuse of process – no – application dismissed

References: [2013] UKUT B8 (TCC)
Links: Bailii
UTTC Financial services – prohibition order – s 56 FSMA – matter remitted to Tribunal by Court of Appeal to address the question whether, even if applicant was not guilty of market abuse, his lying, which in earlier proceedings the Tribunal had found as a fact, demonstrated that he was not a fit and proper person – whether a prohibition order was appropriate in circumstances where applicant had not worked in financial services for a considerable period and gave evidence that he did not intend to do so
Last Update: 14-Nov-15 Ref: 521028

References: [2012] UKUT B28 (TCC)
Links: Bailii
UTTC DECISION NOTICE – publication – whether Upper Tribunal should prohibit publication on grounds of potential serious reputational damage prejudice to civil proceedings or possible settlement discussions – FSMA 2000 S.391– Trib Proc (UT) Rules 2008 14(1) and Sch 3 para 3(3)
Statutes: Financial Services and Markets Act 2000 391

References: [2013] UKUT B10 (TCC)
Links: Bailii
UTTC PENSIONS REGULATOR – Financial support direction – procedure – whether Regulator and Trustee should be barred from pursuing parts of their pleaded cases on grounds that to do so would amount to an abuse of the Upper Tribunal’s Procedure and breach of the Upper Tribunal Procedure Rules – no – whether disclosure of documents should be directed in relation to certain matters pleaded by the Targets in reply to the Regulator’s Statement of Case – yes in part – whether the Regulator should disclose documents relating to its decision not to seek a financial support direction against Joint Venture Partner of one of the Targets – no

References: [2013] UKUT B9 (TCC)
Links: Bailii
UTTC FINANCIAL SERVICES – alleged breaches of Principle 7 (communication of information) and Principle 9 (suitability of advice) of Principles for Businesses and related Conduct of Business Rules in relation to Geared Traded Endowment Policies – whether Authority and Tribunal have jurisdiction – yes – whether Applicant breached Principles and COB Rules – yes – whether financial penalty appropriate – yes – amount of penalty confirmed – reference dismissed

References: [2014] UKUT 348 (TCC)
Links: Bailii
Coram: Bishopp TJ
UTTC PROHIBITION – finding in High Court litigation that applicant had knowingly tendered false evidence – whether that finding could be undermined – no – production to the Authority by applicant of redacted and partial copy of High Court judgment to discredit another while concealing criticism of himself – whether applicant fit and proper – no – prohibition upheld

References: [2013] UKUT B5 (TCC)
Links: Bailii
UTTC FINANCIAL SERVICES – Application to amend Statement of Case and for directions – Whether amendments relate to subject-matter of reference – yes – application granted

References: [2015] UKUT 13 (TCC)
Links: Bailii
UTTC FINANCIAL SERVICES – investment management – management of conflicts of interest – compliance monitoring – separation of decision making within firm acting for different customers – whether property of open ended investment companies managed with the aim of providing a prudent spread of risk as regards liquidity – Principles 2, 3, 8 in respect of alleged breaches by firm and Statements of Principle 6 and 7 in respect of alleged breaches by individual Applicants
Management of conflicts of interest in respect of four specific transactions – whether Applicants acted without integrity – Principle 1 in respect of alleged breaches by firm and Statement of Principle 1 in respect of alleged breaches by individual Applicants Financial penalty and public censure – whether action against individual Applicants prevented by limitation – s66(4), (5) FSMA – appropriate level of penalty – ss66(3), 205 FSMA
Fitness and properness of individuals – withdrawal of approvals – prohibition orders – ss56 and 63 FSMA

References: [2013] UKUT B2 (TCC)
Links: Bailii
UTTC MARKET ABUSE – share price manipulation – whether demonstrate- yes – FSMA s 118 – whether entering into contracts for difference knowing counterparty would hedge by placing orders for stocks amounts to behaviour ‘in relation to’ qualifying investments – yes- whether open to FSA to take action against dissolved Canadian corporation regulated in Canada and with no place of business in United Kingdom – yes- scale of penalty- reference dismissed.
Statutes: Financial Services and Markets Act 2000 118

References: [2013] UKUT 140 (TCC)
Links: Bailii
UTTC PROHIBITION ORDER – FSMA s56 -Whether applicant fit and proper

References: [2014] UKUT 214 (TCC)
Links: Bailii
UTTC FINANCIAL SERVICES – withdrawal of approval and prohibition of approved person – whether Applicant made false and misleading representations in mortgage applications – yes – whether Applicant failed to deal with the Authority in open and co-operative manner – yes – whether Applicant dishonest – no – whether Applicant lacked integrity – yes – whether Applicant fit and proper person – no – prohibition from carrying out any function confirmed – reference dismissed