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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Financial Services - From: 1994 To: 1994

This page lists 13 cases, and was prepared on 20 May 2019.

 
Regina v Institute of Chartered Accounts and Others, Ex Parte Brindle and Others Times, 12 January 1994; [1994] BCC 297
12 Jan 1994
CA

Financial Services, Administrative
The Bank's liquidator action was to be concluded before a disciplinary enquiry, and the enquiry should be stayed accordingly.
1 Citers



 
 Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Man) Ltd; CA 8-Mar-1994 - Gazette, 08 June 1994; Times, 08 March 1994; Gazette, 20 April 1994

 
 Halifax Building Society v Spurzeon; Same v Meridian Housing Association Ltd; ChD 21-Mar-1994 - Ind Summary, 21 March 1994
 
Hughes v Asset Managers Plc Ind Summary, 13 June 1994; [1994] EWCA Civ 14; [1995] 3 All ER 669; [1994] CLC 556
13 May 1994
CA
Nourse, Hirst, Saville LJJ
Financial Services, Financial Services, Contract
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.
Prevention of Frauds (Investment) Act 1958 1
1 Cites

[ Bailii ]
 
Hughes v Asset Managers Plc Ind Summary, 13 June 1994; [1994] EWCA Civ 14; [1995] 3 All ER 669; [1994] CLC 556
13 May 1994
CA
Nourse, Hirst, Saville LJJ
Financial Services, Financial Services, Contract
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.
Prevention of Frauds (Investment) Act 1958 1
1 Cites

[ Bailii ]

 
 Depositors' Protection Board v Dalia; HL 20-May-1994 - Times, 20 May 1994; Gazette, 29 June 1994; Independent, 31 May 1994; [1994] 2 AC 367; [1994] 2 AC 367
 
Cheltenham and Gloucester Building Society v Building Societies Commission Times, 10 June 1994
10 Jun 1994
ChD

Financial Services
A payment to new members of a friendly society by a parent of a purchaser company was also unlawful.
Building Societies Act 1986 97(1)


 
 Regina v Investors Compensation Scheme Ltd, ex Parte Bowden and Another; CA 30-Jun-1994 - Times, 30 June 1994; Ind Summary, 29 August 1994
 
Bishopsgate Investment Management Ltd v Homan and others [1994] EWCA Civ 33; [1995] 1 WLR 31
12 Jul 1994
CA

Financial Services

[ Bailii ]
 
Melton Medes Ltd and Another v Securities and Investments Board Ind Summary, 08 August 1994; Times, 27 July 1994
27 Jul 1994
ChD

Financial Services
There was no cause of action against the source of information for its wrongful disclosure of restricted information to a supervising body.
Financial Services Act 1986 179

 
Bradley v London Fire and Civil Defence Authority Times, 17 August 1994
17 Aug 1994
QBD

Financial Services
'Injury' has ordinary meaning of impairment of mental or physical condition.

 
Re Maxwell Communications Corporation Plc: Bishopsgate Investment Management Ltd v Homan Gazette, 07 October 1994; Ind Summary, 26 September 1994; [1995] 1 All ER 347
26 Sep 1994
CA
Leggatt LJ
Equity, Financial Services
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.”
1 Cites

1 Citers


 
Cheltenham and Gloucester Building Society v Building Societies Commission Gazette, 16 November 1994
16 Nov 1994
ChD

Financial Services
Cash incentives to vote for a scheme were allowable only to two year plus shareholders.
Building Societies Act 1986 100(1) 100(9)

 
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