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19 October 2012
Issue: 7534 / Categories: Case law , Law reports , In Court
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Financial services—Financial Services Authority (FSA)—Regulation of financial services

Emptage v Financial Services Compensation Scheme Ltd [2012] EWHC 2708 (Admin), [2012] All ER (D) 109 (Oct)

Queen’s Bench Division, Administrative Court (London), Haddon-Cave J, 11 Oct 2012

The Administrative Court has set out the principles and approach to be taken by the Financial Services Compensation Scheme Ltd, having regard, inter alia, to R v Investors Compensation Scheme Ltd, ex p Bowden [1995] 3 All ER 605

Mark Cannon QC and Can Yeginsu (instructed by Manley Turnbull Solicitors) for the claimant. Andreas Gledhill (instructed by SNR Denton UK LLP) for the FSCS.

In 2005, the claimant and her partner sought financial advice regarding their mortgage from their insurance and mortgage brokers. The advice was given by a broker whose work was authorised and regulated by the Financial Services Authority (FSA). Following S’s advice, the claimant and her partner re-mortgaged their home by redeeming the existing repayment mortgage and taking out a fresh, larger interest only mortgage with a longer 15-year term. They used the balance to invest

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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