Tuesday, 28 May 2013

UK: FCA decision notice published following unsuccessful attempt to prevent publication

Last week the Financial Conduct Authority published a decision notice explaining its intention to fine and prohibit an individual - a former non-executive director - from performing any function in relation to any regulated activity carried on by any authorised person, exempt person or exempt professional firm: see here (pdf). The individual concerned had sought to prevent the FCA's publication of the decision notice, arguing amongst other things that publication would destroy her livelihood. The Upper Tribunal held that the effect of publication was not so severe that it was out of proportion to the public interest in the principle of open justice that would be served by publication: see here (pdf).

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