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: 2004 To: 2004
This page lists 27 cases, and was prepared on 20 May 2019.
Spreadborough v The Pensions Ombudsman and Another [2004] EWHC 27 (Ch)
21 Jan 2004
ChD
Financial Services
[ Bailii ]
Pitmans Trustees Limited, Whitehead, Bracey-Wright v The Telecommunications Group Plc [2004] EWHC 181 (Ch)
10 Feb 2004
ChD
Vice-Chancellor, The Vice-Chancellor
Financial Services, Employment
[ Bailii ]
Burley v Joseph W Burley and Partners Ltd and Another [2004] EWCA Civ 248
18 Feb 2004
CA
Financial Services, Employment
[ Bailii ]
The Law Debenture Trust Corporation Plc v Acciona S A, Concord Trust, Mizuho International Plc [2004] EWHC 270 (Ch)
18 Feb 2004
ChD
The Honourable Mr Justice Peter Smith
Financial Services
[ Bailii ]
The Secretary of State for Defence v Frank David Hopkins [2004] EWHC 299 (Admin)
20 Feb 2004
QBD
The Honourable Mr Justice Newman
Armed Forces, Benefits, Financial Services
[ Bailii ]
In re William Andrew Malcolm; William Andrew Malcolm v Benedict Mackenzie, Allied Dunbar Gazette, 01 April 2004; [2004] EWHC Ch 339
26 Feb 2004
ChD
The Hon Mr Justice Lloyd
Human Rights, Financial Services, Insolvency
The bankrupt sought to protect his personal pension taken out before his bankruptcy. The bankruptcy was initiated by the Inland Revenue, and sought protection under Human Rights law. Held: The alleged infringement of the former bankrupt's rights had taken place before the coming into force of the Human Rights Act 1998, and he could therefore only rely on that Act if the retrospective provision of section 22(4) applied. That section would only have effect if the proceedings were instigated by a public authority. The proceedings here were begun by the trustee in bankruptcy. The bankrupt could not rely upon protection by the 1998 Act.
Human Rights Act 1998 22(4)
1 Citers
[ Bailii ]
Caterpillar Financial Services Corporation v SNC Passion; ComC 19-Mar-2004 - [2004] EWHC 569 (Comm)
In the Matter of the Universities Superannuation Scheme - Universities Superannuation Scheme Ltd v Keith Simpson, Jane Mcadoo, University of London [2004] EWHC 935 (Ch); Times, 27 May 2004
29 Apr 2004
ChD
The Hon Mr Justice Lloyd
Financial Services, Trusts
Members of the superannuation scheme complained that trustees were calculating the benefits payable on early retirement by reference to the standard terms of employment, and even though they had particular and different terms. Held: The calculation had to be with reference to the terms and conditions of the member who applied for the benefits.
Pension Schemes Act 1993 71 74 180
1 Cites
[ Bailii ]
College Credit Ltd v the National Guarantee Corporation Ltd and others [2004] EWHC 978 (Comm)
7 May 2004
ComC
Financial Services
[ Bailii ]
Socimer International Bank Ltd v Standard Bank London Ltd; QBD 11-May-2004 - [2004] EWHC 1041 (Comm)
Padden v Arbuthnot Pensions and Investments Ltd [2004] EWCA Civ 582
14 May 2004
CA
Lord Justice Buxton Lord Justice Kennedy Lord Justice May
Financial Services, Contract
1 Cites
1 Citers
[ Bailii ]
Concord Trust v The Law Debenture Trust Corporation Plc [2004] EWHC 1216 (Ch)
28 May 2004
ChD
Vice-Chancellor, The Vice-Chancellor
Financial Services
Under the provisions of Eurobonds, the holders were entitled to require the trustees of the bond to issue a notice of default and of acceleration of payment under appropriate circumstances. The board member nominated by the bondholders had been suspended, and the bondholders claimed this was a default. Held: The Issuer and Elektrim were in breach of a condition in the Bonds and that the Trustee was at liberty to certify without any further enquiry or investigation that such breach is materially prejudicial to the interests of the bondholders.
[ Bailii ]
Snowville UK Ltd. v Holidaybreak Plc [2004] EWHC 1336 (Ch)
10 Jun 2004
ChD
Financial Services
[ Bailii ]
Ropaigealach v Financial Ombudsman Service Ltd [2004] EWCA Civ 1011
12 Jul 2004
CA
Rix LJ
Financial Services
The applicants appealed against refusal of judicial review of a decision of the respondent to reject their complaint. They said that they had been sold an unsuitable endowment policy.
[ Bailii ]
Marion Lonsdale v Rosemary F. Braisby (HMIT) Times, 10 August 2004; [2004] 1811 EWHC (Ch)
23 Jul 2004
ChD
The Honourable Mr Justice Lewison
Financial Services, Income Tax
The taxpayer sought tax relief for assorted pension contributions. She had made contributions to schemes before and after the 1988 Act. The tax scheme allowed unused allowances to be carried forward. The taxpayer sought to prevent aggregation of the allowances in respect of the separate schemes. Held: The unused refiefs under each scheme had to be aggregated in each year and any balance carried forward only after deduction of the total of contributions made for that year.
Income and Corporation Taxes Act 1988 655
1 Citers
[ Bailii ]
Secretary of State for Education and Skills, East Sussex County Council v S E Farley, Ci Higgs [2004] EWHC 1768 (Ch)
27 Jul 2004
ChD
The Honourable Mr Justice Peter Smith
Financial Services
Pensions Schemes Act 1993 151(4)
[ Bailii ]
Concord Trust v The Law Debenture Trust Corporation Plc [2004] EWCA Civ 1001
28 Jul 2004
CA
Lord Justice Peter Gibson Laddie, The Hon Mr Justice Laddie Lord Justice Jonathan Parker
Company, Financial Services
1 Citers
[ Bailii ]
AON Trust Corporation Ltd v KPMG and others [2004] EWHC 1844 (Ch); Times, 26 August 2004; [2005] 1 WLR 995
29 Jul 2004
ChD
Sir Andrew Morritt, Vice Chancellor
Financial Services
The defendant's pension scheme had been set up by deed in 1949. The trustees argued that the firm had an obligation to make substantial additional contributions to ensure it was not underfunded. The defendants argued that it was a money purchase scheme. Held: Contributions were to be made by the employer and by its employees in proportion to earnings. It was therefore an Earnings Related scheme within the section, and if there was a substantial deficit, the employer could be called upon to make good the deficit.
Pensions Act 1995 60
1 Citers
[ Bailii ]
Rayner and Another v The Financial Services Authority [2004] UKFSM FSM009
6 Aug 2004
FSMT
Financial Services
FSMT FSA: REGULATORY ACTION AGAINST INDIVIDUALS withdrawal of approval - prohibition order - fit and proper obligations under Pensions Review - importance of compliance disposal of assets without making proper provision for review - lack of integrity - proportionality of action - test to be applied
[ Bailii ]
Davidson v The Financial Services Authority [2004] UKFSM FSM008
9 Aug 2004
FSMT
Financial Services
FSMT PERFORMANCE OF REGULATED ACTIVITIES - Respondent's refusal to approve performance by Applicant of controlled functions - three preliminary issues - whether Respondent in breach of time limit in section 61(3) - yes - Whether that made the warning notice and the decision notice void - no - whether the fact that the Respondent has appointed investigators in respect of the Applicant are grounds sufficient in themselves for a conclusion that the Applicant is not a fit and proper person - no - reference not yet determined - Financial Services and Markets Act 2000 ss 61, 133
[ Bailii ]
Thomas v The Financial Services Authority [2004] UKFSM FSM010
22 Sep 2004
FSMT
Financial Services, Costs
FSMT REASONS FOR DIRECTIONS - application for a costs order in respect of the previous hearing - allowed in part application for a direction that certain questions be detennined at a preliminary hearing - allowed in part application for directions requiring the Respondent to provide further infonnation and to file further documents and for associated directions - dismissed - Financial Services and Markets Act 2000 Sch 13 para 13 - Financial Services and Markets Tribunal Rules 2001 SI2001 No. 2476 Rules 10(1)(/) and (g); 13(1); and 21
[ Bailii ]
Financial Services Authority v Fradley and Another Times, 08 November 2004
21 Oct 2004
ChD
John Martin QC
Financial Services
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.
Financial Services and Markets Act 2000 235
1 Cites
1 Citers
Valse Holdings S.A v Merrill Lynch International Bank Ltd. [2004] EWHC 2471 (Comm)
3 Nov 2004
ComC
Financial Services, Professional Negligence
[ Bailii ]
Norwich Union Linked Life Assurance Ltd and Others, Re [2004] EWHC 2802 (Ch)
1 Dec 2004
ChD
Lindsay J
Financial Services
Approval was sought for the transfer of an insurance business.
[ Bailii ]
Kathleen Kelly v Mersey Docks and Harbour Company [2004] EWCA Civ 1676
10 Dec 2004
CA
Lord Justice Waller Sir Christopher Staughton Lord Justice Mance
Employment, Financial Services
[ Bailii ]
The Financial Services Authority v William Matthews Patricia Janet Matthews [2004] EWHC 2966 (Ch)
21 Dec 2004
ChD
Smith The Honourable Mr Justice Peter Smith
Financial Services, Human Rights
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 that the award made was incorrect and infringed their human rights. Held: The parties had been notified of the time limits for appealing the original findings, and had not appealed. There had been no procedural unfairness. The order stood. As to the amount payable, in view of the defendants' limited means, an order foir a top-up rather than a re-instatement would be substituted for the original.
Financial Services and Markets Act 2000 382
1 Cites
[ Bailii ]
Malcolm v Mackenzie, Allied Dunbar Plc [2004] EWCA Civ 1748; [2004] EWCA Civ 1748; Times, 04 January 2005
21 Dec 2004
CA
Lord Justice Mummery Lord Justice Chadwick Lord Justice Tuckey
Insolvency, Human Rights, Financial Services
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 differential treatment arose because contractual pension rights fell within a definition in the Act, and not from a difference in treatment of persons of different status. The appeal failed.
Welfare Reform and Pensions Act 1999 11
1 Cites
[ Bailii ]
