Wednesday 20 May 2015

UK: England and Wales: FCA notices - identification and third party rights

The Court of Appeal gave judgment yesterday in Financial Conduct Authority v Macris [2015] EWCA Civ 490. At issue was whether Mr Macris was identified in certain notices given by the Authority to JPMorgan Chase Bank. Individuals identified in such notices are given certain 'third party' rights under section 393 of the Financial Services and Markets Act 2000. Mr Macris was JP Morgan's International Chief Investment Officer and whilst the notices did not name him they were critical of JP Morgan's Chief Investment Office in London and New York.

The Upper Tribunal held that Mr Macris had been identified and was therefore entitled to the rights set out in section 393: see [2014] UKUT B7 (TCC). The Court of Appeal agreed that Mr Macris had been identified, in what is now the leading judgment on section 393.

No comments: