Friday, 24 April 2015

UK: England and Wales: High Court authorises ESMA to conduct on site inspection of UK trade repository

Last month, Mrs Justice Rose, sitting in the High Court, authorised the European Securities and Markets Authority to carry out an inspection at the premises of a UK trade repository (DTCC Derivatives Repository Ltd). This was the first time that such permission had been given, within the framework set out in regulation 17 of the Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013. Today, a short judgment was published in which Mrs Justice Rose explained her decision and the principles that applied to the court's power to grant permission: see European Securities and Markets Authority (ESMA) v DTCC Derivatives Repository Ltd [2015] EWHC 1085 (Ch).

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