O'Neil v Gale [2013] EWCA Civ 1554 (06 December 2013)

Mrs Gale, by providing and permitting the use of her bank and Betfair accounts for her husband's unlawful collective investment scheme, aided the commission of criminal offences under sections 19 and 23 of FSMA. As a wrongdoer, she could not rely on the change of position defence to resist restitution.

Citation: [2013] EWCA Civ 1554
Parties: Claimant/respondent: Kathleen Margaret O'Neil; Defendant/appellant: Faye Gale
Jurisdiction: England and Wales
Judgment Date: 06 December 2013
Procedural Posture: Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Unjust Enrichment, Change of Position Defence, Illegality, Aiding and Abetting, Collective Investment Schemes

Restitution Financial Regulation Criminal Law Unjust Enrichment Change of Position Defence Illegality Aiding and Abetting Collective Investment Schemes

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Parties

Kathleen Margaret O'Neil

Claimant/respondent

Faye Gale

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

1 Whether Mrs Gale aided the commission of a criminal offence under sections 19 and 23 of FSMA
2 Whether Mrs Gale could rely on the change of position defence to unjust enrichment given her involvement in the unlawful scheme

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Mrs Gale remains liable to repay the sums claimed by the claimant; change of position defence is unavailable to her.