Willford, R (On the Application Of) v Financial Services Authority

Willford, R (On the Application Of) v Financial Services Authority

Judicial review should not have been entertained because an adequate alternative remedy existed in the form of a reference to the Upper Tribunal, and the reasons given in the Decision Notice were sufficient to comply with statutory requirements.

Parties
Claimant/respondent: Christopher Willford; Defendant/appellant: Financial Services Authority
Jurisdiction
England and Wales
Judgment Date
13 June 2013
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; Decision Notice not quashed; claim for judicial review should not have been entertained.
Legal Topics
Judicial Review, Adequacy of Reasons, Alternative Remedies, Regulatory Disciplinary Procedures
Administrative Law Financial Regulation Judicial Review Adequacy of Reasons Alternative Remedies Regulatory Disciplinary Procedures

Case Brief

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Parties

Christopher Willford

Claimant/respondent

Financial Services Authority

Defendant/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the RDC gave adequate reasons for its Decision Notice under section 388 of FSMA
  2. 2 Whether judicial review should be entertained given the existence of an alternative statutory remedy (reference to the Upper Tribunal)

Ratio Decidendi

Judicial review should not have been entertained because an adequate alternative remedy existed in the form of a reference to the Upper Tribunal, and the reasons given in the Decision Notice were sufficient to comply with statutory requirements.

Court Disposition

Appeal allowed; Decision Notice not quashed; claim for judicial review should not have been entertained.

Orders

  • Appeal allowed
  • Decision Notice reinstated