Court of Appeal dismisses appeal on admissibility of FSA material as evidence in Directors Disqualification Proceedings

ISSN： 1358-1988

Source： Journal of Financial Regulation and Compliance, Vol.17, Iss.1, 2009-02, pp. : 76-80

Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.

Previous Menu Next

Abstract

Purpose - The paper's aim is to outline and comment on the Court of Appeal case: Secretary of State for Business Enterprise and Regulatory Reform v. Aaron and Others, October 2008. Design/methodology/approach - The paper outlines the facts surrounding the case and comments on the ruling. Findings - Lord Justice Thomas gave the judgment in this appeal, considering the admissible in disqualification proceedings. However, in relation to the Secretary of State's attempt to rely in evidence on material in the FOS decision and the FSA final notice LJ Thomas ruled that that the implied exception to the strict rule of evidence in Hollington v. Hewthorn did not apply so as to allow their admission in evidence. Originality/value - The current market crisis has focused the attention of regulatory investigators around the world on the activities of major UK financial institutions in a number of jurisdictions in which they were active.

Related content

Court of Appeal considers FSA's use of its investigation powers to assist an overseas regulator

By Gray Joanna

Journal of Financial Regulation and Compliance, Vol. 18, Iss. 4, 2010-11 ,pp. : 408-416 (9)

Emerald Group Publishing Ltd

Access to resources Recommend Favorite

Court of Appeal rules on solicitor's liability to make redress to investors

By Gray Joanna

Journal of Financial Regulation and Compliance, Vol. 14, Iss. 2, 2006-04 ,pp. : 210-216 (7)

Emerald Group Publishing Ltd

Access to resources Recommend Favorite

Court of appeal ruling on discovery in civil litigation of regulatory information protected from disclosure by section 348 FSMA

By Gray Joanna

Journal of Financial Regulation and Compliance, Vol. 15, Iss. 3, 2007-07 ,pp. : 337-342 (6)

Emerald Group Publishing Ltd

Access to resources Recommend Favorite

Court of Appeal rules Lloyd's of London's exercise of regulatory functions regarding its members is not subject to judicial review

By Gray Joanna

Journal of Financial Regulation and Compliance, Vol. 12, Iss. 4, 2004-11 ,pp. : 379-383 (5)

Emerald Group Publishing Ltd

Access to resources Recommend Favorite

Court of Appeal rules on trust status and client money protection in relation to Lehman Bros funds

By Gray Joanna

Journal of Financial Regulation and Compliance, Vol. 19, Iss. 1, 2011-02 ,pp. : 85-93 (9)

Emerald Group Publishing Ltd

Access to resources Recommend Favorite