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08 March 2013
Issue: 7551 / Categories: Case law , Law reports , In Court
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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

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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