Links: Home | swarblaw - law discussions

swarb.co.uk - law index


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: 1997 To: 1997

This page lists 26 cases, and was prepared on 20 May 2019.

 
ITN v Ward [1997] Pens LR 131
1997
ChD
Laddie J
Financial Services

1 Citers


 
Hillsdown Holdings plc v Pensions Ombudsman [1997] 1 All ER 862
1997

Knox J
Financial Services
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 caused by maladministration as an adjunct to the power to remedy injustice caused by maladministration which . . I take to be permissible, and requiring the repayment of what might well be, and in this case were, very substantial sums by way of payment out from a pension fund, on the other hand. It is trite law that pension funds must operate within the law and it does not seem to me right that there should be a different answer to the question ‘are you legally liable to repay this sum’ according to the tribunal to which resort is had so that the answer is: ‘If I am sued in court, No, but if a complaint is made to the Pensions Ombudsman, Yes.’ The injustice through maladministration must in this case consist of the detriment suffered by the payment out itself and is in no sense ancillary as are claims to compensation for inconvenience and distress. My second reason is tied up with the first and is that s 146(6)(a) of the 1993 Act prevents the Pensions Ombudsman from investigating a complaint if before the complaint is made proceedings have been begun in court in respect of the matters which would be the subject of the investigation. That suggests that the two are intended to be mutually exclusive alternatives and it would be strange if it was contemplated that the alternatives would or might produce different results as to the substance of the dispute. I can well imagine that the two tribunals would be contemplated as having radically different procedures and it may be types of relief but I would not expect differences on such fundamental matters as whether there was a liability to repay capital sums. Also there would be a possibility of abuse if it were possible to avoid an impending complaint to the Pensions Ombudsman by a well-timed application for the determination of a dispute of fact or law."
1 Cites

1 Citers


 
Regina v Personal Investment Authority Ombudsman and Personal Investment Authority (the PIA) ex parte Burns-Anderson Independent Network Plc [1997] EWCA Civ 814
21 Jan 1997
CA

Financial Services

[ Bailii ]
 
Regina v Investors Compensation Scheme Limited ex parte Leaf [1997] EWHC Admin 68
24 Jan 1997
Admn

Financial Services

[ Bailii ]
 
Westminster City Council v Jeffrey Haywood Pensions Ombudsman Times, 12 February 1997; [1997] EWCA Civ 864
28 Jan 1997
CA

Financial Services
The Pension's Ombudsman has no jurisdiction on severance for a non-pensionable employee.
1 Citers

[ Bailii ]
 
National Health Services Pensions Agency; Department of Health v Pensions Ombudsman and Mary Theresa Beechinor [1997] EWHC Admin 232
6 Mar 1997
Admn

Financial Services

[ Bailii ]

 
 Hamar and Another v Pensions Ombudsman and Another; CA 24-Mar-1997 - Times, 24 March 1997
 
Regina v Inland Revenue Commissioners Ex Parte Roux Waterside Inn Ltd Gazette, 23 April 1997; Times, 23 April 1997
23 Apr 1997
QBD

Financial Services, Taxes Management
The transfer of pension to a new scheme for tax purposes fell foul of anti avoidance provisions.

 
Bank of Scotland v Dunedin Property Investment Co Ltd Times, 16 May 1997; 1998 SC 657
16 May 1997
OHCS

Financial Services, Contract, Scotland
The cost of an interest rate swap brokerage agreement was not covered by an indemnity against 'all costs charges and expenses incurred'.
1 Cites

1 Citers


 
Mary Alice Hobson v Harry Tyass; Philip Plowright and Geoffrey Sparrow [1997] EWCA Civ 1758
22 May 1997
CA

Financial Services
Construction of terms of pension scheme.
[ Bailii ]
 
Regina v Occupational Pensions Regulatory Authority and Another Ex Parte Littlewoods Pensions Trust Ltd Gazette, 04 June 1997; Times, 16 June 1997
4 Jun 1997
ChD

Financial Services
Acts by pensions trustees creating a righteous indignation only, and not affecting the financial interests of the members, were not challengeable under the Act.
Pension Schemes Act 1993 99(4)(a)(iii)


 
 Investors Compensation Scheme Ltd v West Bromwich Building Society; HL 19-Jun-1997 - Times, 24 June 1997; [1997] UKHL 28; [1998] 1 All ER 98; [1998] 1 WLR 896; [1998] AC 896
 
Director of Savings v Woolf; Same v Kear and Another Times, 09 July 1997
20 Jun 1997
ComC
Cresswell J
Financial Services
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.

 
Foskett v McKeown and Others Times, 27 June 1997; [1997] EWCA Civ 1747; [1998] Ch 265
27 Jun 1997
CA
Hobhouse LJ
Trusts, Financial Services
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 power to renominate himself as sole beneficiary. One or two premiums were paid by the defendant himself. Held: The representation order was confirmed. Trust money which had been used by a trustee fraudulently to invest in a life policy, did not give the eventual beneficiaries of the trust an interest in the proceeds of that policy. Nevertheless the purchasers were entitled to be repaid out of the proceeds of the Policy such of their money as could be traced into the premiums paid under the Policy.
1 Cites

1 Citers

[ Bailii ]

 
 Jefferies and Others v Mayes and Others; National Grid Company Plc v Same; National Power Plc v Feldon and Others; ChD 30-Jun-1997 - Times, 30 June 1997

 
 Indata Equipment Supplies Limited (T/a Autofleet) v Acl Limited (Handed-Down Judgment of); CA 31-Jul-1997 - Times, 14 August 1997; [1997] EWCA Civ 2266; [1998] FSR 248
 
Eagle Star Life Assurance Company Limited v Colin Alan Griggs Laurence James Miles [1997] EWCA Civ 2446
9 Oct 1997
CA

Financial Services

[ Bailii ]
 
Dr John Oakley Clinton v Windsor Life Assurance Company Limited (Formerly Crown Life Assurance Company Limited) [1997] EWCA Civ 2667
7 Nov 1997
CA

Financial Services

[ Bailii ]
 
Gaisiance and African Children's Society v Commissioner of Police for Metropolis and Rover Finance Limited [1997] EWCA Civ 2703
12 Nov 1997
CA

Police, Financial Services, Consumer

[ Bailii ]
 
Regina v Personal Investment Authority Limited ex parte Monarch Assurance Plc [1997] EWHC Admin 1080
3 Dec 1997
Admn

Financial Services

[ Bailii ]

 
 Taylor v Investors Compensation Scheme; CA 4-Dec-1997 - Gazette, 14 January 1998; [1997] EWCA Civ 2904
 
Edge v Pensions Ombudsman [1998] Ch 512
12 Dec 1997

Sir Richard Scott V-C
Financial Services
The Vice Chancellor discussed whether the pensions ombudsman had powers wider than those of the court. Referring to Hillsdown, he said: "I respectfully agree with this approach. In a case in which the maladministration complained of consists of an alleged breach of trust, the Pensions Ombudsman has no power, in my judgment, to direct remedial steps to be taken that are not steps that a court of law could properly have directed to be taken. … In these circumstances, and having regard to the respective positions of the employee members and the employers, a court could not, in my judgment, have ordered the deed to be set aside. A court could not have directed the trustees to take steps that could only be justified on the footing that the deed had been set aside. Nor, in my judgment, could the Pensions Ombudsman do so."
1 Cites

1 Citers


 
Financial Services Authority (Formerly Securities Investments Board a Company Limited By Guarantee) v Scandex Capital Management (a Company Incorporated Under the Laws of Denmark) and Jeremy Bartholomew-White Times, 20 December 1997; Gazette, 11 February 1998; [1997] EWCA Civ 3006; [1998] 1 WLR 712
16 Dec 1997
CA

Financial Services
The court has the power to order an interim payment into court by a foreign company which was providing unauthorised investment services in UK.
Financial Services Act 1986 6(2)
1 Citers

[ Bailii ]
 
Royscot Trust Plc v Alan Britton and Shirley Britton [1997] EWCA Civ 3048
18 Dec 1997
CA

Contract, Financial Services

[ Bailii ]
 
Ismene Larussa - Chigi v C S First Boston Ltd [1998] CLC 277
18 Dec 1997
ComC
Thomas J
Financial Services
Financial Services Act. Applicability of the Act to forex transactions. Meaning of "investments", applicability of regime in respect of "authorised persons" and Securities Fixtures Authority, s43(1) -listed institution - applicability of regime for excepted person.
Financial Services Act 1996

 
Platform Homes Limited v Oyston Shipways Limited and others Gazette, 08 January 1998; Times, 15 January 1998; [1997] EWCA Civ 3071
19 Dec 1997
CA

Professional Negligence, Financial Services
A lender's imprudent lending policies could be taken into account and set off against damages for negligent valuation as contributory negligence.
Law Reform (Contributory Negligence) Act 1945
1 Cites

1 Citers

[ Bailii ]
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.