Fleurose, R (on the application of) v Securities & Futures Authority Ltd & Anor [2001] EWHC Admin 292 (26th April, 2001)

Fleurose, R (on the application of) v Securities & Futures Authority Ltd & Anor [2001] EWHC Admin 292 (26th April, 2001)

SFA disciplinary proceedings are civil, not criminal, under ECHR jurisprudence; applicant's Convention rights were not breached; disciplinary process and penalties do not meet criminal threshold; procedural safeguards and subsequent judicial review satisfy Article 6(1).

Citation
[2001] EWHC Admin 292
Parties
Applicant: Bertrand Fleurose; First Respondent: Securities and Futures Authority Limited; Second Respondent: Disciplinary Appeal Tribunal of the Securities and Futures Authority Limited
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Disciplinary Proceedings, Market Manipulation, European Convention on Human Rights, Judicial Review, Professional Misconduct
Financial Regulation Administrative Law Human Rights Disciplinary Proceedings Market Manipulation European Convention on Human Rights Judicial Review Professional Misconduct

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Parties

Bertrand Fleurose

Applicant

Securities and Futures Authority Limited

First Respondent

Disciplinary Appeal Tribunal of the Securities and Futures Authority Limited

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether SFA disciplinary proceedings are criminal or civil under Article 6 and 7 ECHR
  2. 2 Whether the applicant's privilege against self-incrimination was breached
  3. 3 Whether lack of legal representation before the Disciplinary Appeal Tribunal breached Article 6

Ratio Decidendi

SFA disciplinary proceedings are civil, not criminal, under ECHR jurisprudence; applicant's Convention rights were not breached; disciplinary process and penalties do not meet criminal threshold; procedural safeguards and subsequent judicial review satisfy Article 6(1).

Court Disposition

Application dismissed

Orders

  • No breach of Convention rights found
  • Disciplinary Appeal Tribunal decision upheld