O'Neil v Gale

O'Neil v Gale

Mrs Gale, by providing and permitting the use of her bank and Betfair accounts for the implementation of Mr Gale'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.

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 Judgment
Outcome
Appeal dismissed
Legal Topics
Unjust Enrichment, Change of Position Defence, Illegality, Aiding and Abetting, Collective Investment Schemes
Restitution Financial Services Law 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 Judgment

Legal Issues

  1. 1 Whether Mrs Gale aided the commission of a criminal offence under sections 19 and 23 of FSMA by providing account facilities to Mr Gale
  2. 2 Whether Mrs Gale could rely on the change of position defence in an unjust enrichment claim
  3. 3 Whether the absence of specific pleadings inhibited the finding of wrongdoing

Ratio Decidendi

Mrs Gale, by providing and permitting the use of her bank and Betfair accounts for the implementation of Mr Gale'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.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.