header-logo header-logo

08 March 2013
Issue: 7551 / Categories: Case law , Law reports , In Court
printer mail-detail

Financial services—Financial Services Authority—Injunctions

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2013] UKSC 11, [2013] All ER (D) 320 (Feb)

Supreme Court, Lord Neuberger, Lady Hale, Lord Mance, Lord Clarke and Lord Sumption SCJJ, 27 Feb 2013

There is no general rule that an authority such as the FSA, acting pursuant to a public law duty, should be required to give a cross-undertaking in respect of losses incurred by third parties.

Nicholas Vineall QC, James Purchas & Adam Temple (instructed by the Financial Services Authority Legal Department) for the FSA. Richard Handyside QC and Tamara Oppenheimer (instructed by Barclays Bank plc Legal Services) for the bank. The defendants did not appear and were not represented.

Proceedings were issued by the Financial Services Authority (FSA) against three defendants, on the basis that: (i) the first defendant company was promoting the sale of shares without being authorised to do so and without an approved prospectus, contrary to ss 21 and 85 of the Financial Services and Markets

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll