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14 March 2014
Issue: 7598 / Categories: Case law , Law digest , In Court
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Financial services

Financial Conduct Authority v Capital Alternatives Ltd and others [2014] All ER (D) 03 (Mar)

Section 235 of the Financial Services and Markets Act 2000 was not to be construed narrowly, but conservatively. The application of s 235 depended on the specific facts of the case as determined by the court. It was settled law that the Financial Conduct Authority did not have to prove breaches of the Act beyond reasonable doubt. Further, that “arrangements” had a wide meaning and might include non-contractual arrangements which existed on their own or on parallel with contractual arrangements. Section 235 referred to the “purpose or effect” of the arrangements. What mattered was the way in which the scheme was run in practice, not contractual terms, which might not reflect reality. It would be possible for investors’ participation in important decisions to justify finding that the operator’s management was not “as a whole” within s 235(3)(b), while not being sufficient to amount to day-to-day control within s 235(2). Equally, there was no reason to exclude the complete absence of any investor

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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