The following Financial Services practice note provides comprehensive and up to date legal information covering:
In addition to their formal investigatory and enforcement powers, the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) are also able to apply to Court for injunctions against persons contravening relevant requirements under section 380 of the Financial Services and Markets Act 2000 (FSMA 2000); the FCA may apply for an injunction to restrain the defendant from engaging in market abuse (under FSMA 2000, s 381); both FSMA 2000, s 380 and s 381 include the power to seek an order that the court freeze the assets of the defendant. FSMA 2000, ss 382 and 383 enables the regulators to apply for restitution orders against the same such persons or award restitution under FSMA 2000, s 384, extra-judicially, of profits which have accrued to authorised persons contravening relevant requirements or persons engaged in market abuse, or of losses which have been suffered by others as a result of those breaches. Finally, the FCA may also apply to the court to impose administrative sanctions in cases of market abuse under FSMA 2000, s 129, at the same time that it applies for an injunction under FSMA 2000, s 381. The FCA can also apply for injunctions under the Consumer Rights Act 2015, Schedule 3. Chapters 10 and 11 of the Enforcement Guide (EG) provides detail on the factors the FCA will consider when
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This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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