Search Results for: Financial Services and Markets Act of 2000

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Lord 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 had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014

Financial 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 assessed the request, considering the seriousness of the allegations, and the strong public interest in mutual assistance. Such … Continue reading Financial Services Authority (FSA) and Others v AMRO International Sa and Another: CA 24 Feb 2010

British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another: Admn 20 Apr 2011

The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They objected that the policy statement would require them to act beyond their obligations in law. Held: The … Continue reading British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another: Admn 20 Apr 2011

Asset Land Investment Plc and Another v The Financial Conduct Authority: SC 20 Apr 2016

Proceedings were brought against the appellant’s associated parties, alleging that they had carred on regulated activities without authorisation, contrary to section 19 of the2000 Act. They had offered various plots of land for sale, suggesting they would be seeking planning development permissions. Held: The appeal was dismissed. The company’s activities operated as ‘collective investment schemes’ … Continue reading Asset Land Investment Plc and Another v The Financial Conduct Authority: SC 20 Apr 2016

Digital 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 the Act since only services in kind were ever provided. Held: The appeal failed. The fact … Continue reading Digital Satellite Warranty Cover Ltd and Another v Financial Services Authority: SC 13 Feb 2013

Brazzill and Others v Willoughby and Others: CA 27 May 2010

The regulated bank Kaupthing Singer and Friedlander Ltd (KSF) was in financial difficulties. The Bank of England required KSF to credit to a trust account all future deposits. KSF later went into insolvency. Some deposits had been credited to the trust account but not all. The court was asked whether the sum held was for … Continue reading Brazzill and Others v Willoughby and Others: CA 27 May 2010

Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008

The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act. Held: The decision was set aside for breaching the rule against impugning an action of Parliament. The minister had made a statement as to the … Continue reading Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

Fox Hayes v Financial Services Authority: UTTC 30 Mar 2010

UTTC PENALTY – Authorised Person – Partnership – Decision Notice imposing penalty issued after termination of Partnership – whether regulatory authority has power to impose penalty on dissolved partnership – whether partners are personally liable – who rank as partners in dissolved partnership – FSMA 2000 32(1), 40(1(c) and 206(1). Sir Stephen Oliver QC [2010] … Continue reading Fox Hayes v Financial Services Authority: UTTC 30 Mar 2010

Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden: CA 31 Jul 2000

When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of reasonable responses’ of a reasonable employer to the situation. Earlier conflicting decisions were … Continue reading Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden: CA 31 Jul 2000

Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993

A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, changes over time, and the requirements are flexible and closely conditioned by the legal and … Continue reading Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993

Emptage v Financial Services Compensation Scheme Ltd: CA 18 Jun 2013

The claimants had acted on mortgage advice given by a company regulated by the FSA, as a result of which, on the collapse of the property market in Spain, they had lost their investment and their home which had been charged to assist in the purchase of it. The company giving the advice had not … Continue reading Emptage v Financial Services Compensation Scheme Ltd: CA 18 Jun 2013

PDHL Ltd v Financial Conduct Authority; UTTC 28 Jan 2016

References: [2016] UKUT 18 (TCC) Links: Bailii Ratio FINANCIAL SERVICES – Decision Notice refusing permission for authorisation to carry on debt adjusting and debt counselling activities-whether giving of Decision Notice terminated Applicant’s Interim Permission to carry on those activities-Yes-Article 58 Financial Services and Markets Act 2000 (Regulated Activities) (Amendment (No 2)) Order 2013 – s133A … Continue reading PDHL Ltd v Financial Conduct Authority; UTTC 28 Jan 2016

Fox Hayes v Financial Services Authority; UTTC 30 Mar 2010

References: [2010] UKUT B15 (FS) Links: Bailii Coram: Sir Stephen Oliver QC UTTC PENALTY – Authorised Person – Partnership – Decision Notice imposing penalty issued after termination of Partnership – whether regulatory authority has power to impose penalty on dissolved partnership – whether partners are personally liable – who rank as partners in dissolved partnership … Continue reading Fox Hayes v Financial Services Authority; UTTC 30 Mar 2010

Arch Financial Products Llp and Others v Financial Services Authority; UTTC 30 Nov 2012

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 … Continue reading Arch Financial Products Llp and Others v Financial Services Authority; UTTC 30 Nov 2012

Canada Inc Swift Trade Inc and Peter Beck v Financial Services Authority; UTTC 23 Jan 2013

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 … Continue reading Canada Inc Swift Trade Inc and Peter Beck v Financial Services Authority; UTTC 23 Jan 2013

F, Regina v: CACD 29 Jul 2009

Application for leave to appeal – rejection of claim that some charges were an abuse of process. Judges: Lord Justice Pill Citations: [2009] EWCA Crim 1639 Links: Bailii Statutes: Financial Services and Markets Act 2000 Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.415064

Adams v Options UK Personal Pensions Llp: CA 1 Apr 2021

This appeal arises out of the transfer by the claimant, Mr Russell Adams, of a pension fund into a ‘self-invested personal pension’ (or ‘SIPP’) and the investment of the proceeds in ‘storepods’. Judges: Lord Justice Newey Citations: [2021] EWCA Civ 474 Links: Bailii Statutes: Financial Services and Markets Act 2000 Jurisdiction: England and Wales Financial … Continue reading Adams v Options UK Personal Pensions Llp: CA 1 Apr 2021

Rubenstein v HSBC Bank Plc: QBD 2 Sep 2011

The claimant alleged that the defendant bank has missold to him securities in the form of an AIG Premier Access Bond. Held: Though the bank had acted negligently and otherwise incorrectly, those faults were not the cause of the substantial part of the claimant’s losses. Judges: Jonathan Parker J Citations: [2011] 2 CLC 459, [2011] … Continue reading Rubenstein v HSBC Bank Plc: QBD 2 Sep 2011

First Alternative Insurance Company Ltd v Esure Insurance Ltd: ChD 14 Mar 2007

Application for the sanction of the court to an insurance business transfer scheme for the transfer of policies of general (primarily motor) insurance. Citations: [2006] EWHC 694 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000 112 Jurisdiction: England and Wales Company, Financial Services Updated: 13 September 2022; Ref: scu.253485

Helden v Strathmore Ltd: CA 11 May 2011

The defendant appealed against an order finding valid a charge in favour of the claimant despite non-compliance with the 2000 Act.Lord Neuberger MR said as to the 1989 Act: Section 2 is concerned with contracts for the creation or sale of legal estates or interests in land, not with documents that actually create or transfer … Continue reading Helden v Strathmore Ltd: CA 11 May 2011

In re Names at Lloyds: ChD 3 Dec 2008

An application was made for waiver to allow the transfer of liabilities from Lloyds names to named insurance company. Held: Such an application required a scheme report, but that report did not have to be in place at the time the application was launched provided it was available before the order was made. Judges: Floyd … Continue reading In re Names at Lloyds: ChD 3 Dec 2008

AB v Her Majesty’s Advocate: SC 5 Apr 2017

This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017

Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

De Boinville v I G Index Ltd: ComC 10 Dec 2021

The Claimant, Mr Nicholas de Boinville, brings claims against the Defendant, a provider of Spread Betting Services on an ‘execution only’ basis, for damages for breach of contract, breach of fiduciary duty, misrepresentation and a statutory claim under section 150 (which was replaced on 1 April 2013) by section 138D of the Financial Services and … Continue reading De Boinville v I G Index Ltd: ComC 10 Dec 2021

Re HSBC Life (UK) Ltd: ChD 24 Jul 2015

Part 8 claim form which seeks an order under s.111 of the 2000 Act sanctioning an insurance business transfer scheme, together with ancillary orders under s.112 FSMA. The Scheme effects the transfer of HLUK’s pensions business to ReAssure. Snowden J [2015] EWHC 2664 (Ch) Bailii Financial Services and Markets Act 2000 111 8112 England and … Continue reading Re HSBC Life (UK) Ltd: ChD 24 Jul 2015

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Mohammed Karim v FSA: UTTC 15 Mar 2011

UTTC FINANCIAL SERVICES – Part IV Permission – Refusal by Authority – Application for permission to conduct insurance broking activity – Lack of understanding of requirements of regulatory system – Lack of experience – Threshold Conditions 4 and 5 – Reference dismissed – FSMA 2000 s40 Sir Stephen Oliver QC [2011] UKUT B18 (TCC) (TCC) … Continue reading Mohammed Karim v FSA: UTTC 15 Mar 2011

Rollins, Regina v: SC 28 Jul 2010

The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act. Held: The defendant’s appeal failed. The FSA had the powers it contended for, and the provisions of … Continue reading Rollins, Regina v: SC 28 Jul 2010

Rollins, Regina v: CACD 9 Oct 2009

The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to bring a prosecution. Held: the FSA was not a statutory body, … Continue reading Rollins, Regina v: CACD 9 Oct 2009

Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974

55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant. Held: The restrictive covenant not to develop other than in accordance with an agreed lay-out plan was valid. It remained, or had not been … Continue reading Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974

HM Treasury v The Information Commissioner: Admn 21 Jul 2009

Disclosure of Government’s Legal Advice The interested party sought to obtain the legal opinion on which the Prime Minister had based his assertion that the Financial Services and Markets Bill complied with Human Rights. The respondent refused claiming protection under the section, and refused to say whether any advice had been taken. The respondent now … Continue reading HM Treasury v The Information Commissioner: Admn 21 Jul 2009

Mohammed Karim v FSA; UTTC 15 Mar 2011

References: [2011] UKUT B18 (TCC) (TCC) Links: Bailii Coram: Sir Stephen Oliver QC UTTC FINANCIAL SERVICES – Part IV Permission – Refusal by Authority – Application for permission to conduct insurance broking activity – Lack of understanding of requirements of regulatory system – Lack of experience – Threshold Conditions 4 and 5 – Reference dismissed … Continue reading Mohammed Karim v FSA; UTTC 15 Mar 2011