Wyllie Financial Services Ltd & Anor, R (On the Application Of) v Financial Services Compensation Scheme

The defendant's evaluative conclusions regarding insurable interest, fair presentation, and absence of duty or loss were lawful, reasonable, and not subject to public law error. No arguable case for judicial review was established.

Source-derived case information.

Parties: Claimant: Wyllie Financial Services Limited; Claimant: A Scottish News Limited; Defendant: Financial Services Compensation Scheme
Jurisdiction: England and Wales
Judgment Date: 06 May 2020
Procedural Posture: Judicial Review / Renewed Application for Permission
Outcome: Permission for judicial review refused
Legal Topics: Judicial Review, Compensation Claims, Insurable Interest, Fair Presentation Duty, Public Sector Equality Duty, Costs Orders

Administrative Law Insurance Law Judicial Review Compensation Claims Insurable Interest Fair Presentation Duty Public Sector Equality Duty Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 6

Parties

Wyllie Financial Services Limited

Claimant

A Scottish News Limited

Claimant

Financial Services Compensation Scheme

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

1 Whether the defendant's refusal of compensation was unlawful
2 Whether there was insurable interest in the insurance policies
3 Whether there was a breach of fair presentation duty

Ratio Decidendi

Court Disposition

Permission for judicial review refused

Orders

Renewed application for permission for judicial review refused
Costs order made by Mr Justice Garnham upheld

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