Mark Cooper v Office of Fair Trading

Mark Cooper v Office of Fair Trading

Mr Cooper is not a fit person to hold a consumer credit licence due to his recent conviction for dishonesty, ongoing lack of candour with regulatory authorities, failure to disclose disciplinary action, and dishonesty before the tribunal. Undertakings cannot remedy fundamental dishonesty. The appeal is dismissed and costs are awarded against Mr Cooper.

Parties
Appellant: Mark Cooper; Respondent: The Office of Fair Trading
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Consumer Credit Licence Revocation Appeal / Appeal Judgment
Outcome
Appeal dismissed; determination to revoke licence confirmed
Legal Topics
Licence Revocation, Dishonesty, Disclosure Obligations, Costs Orders
Consumer Protection Financial Regulation Licence Revocation Dishonesty Disclosure Obligations Costs Orders

Case Brief

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Parties

Mark Cooper

Appellant

The Office of Fair Trading

Respondent

Procedural Posture

Consumer Credit Licence Revocation Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether Mr Cooper is a fit person to hold a consumer credit licence under the Consumer Credit Act 1974
  2. 2 Whether failure to disclose disciplinary action by the Financial Services Authority constitutes dishonesty
  3. 3 Whether lying to the adjudicator and tribunal affects fitness for a licence

Ratio Decidendi

Mr Cooper is not a fit person to hold a consumer credit licence due to his recent conviction for dishonesty, ongoing lack of candour with regulatory authorities, failure to disclose disciplinary action, and dishonesty before the tribunal. Undertakings cannot remedy fundamental dishonesty. The appeal is dismissed and costs are awarded against Mr Cooper.

Court Disposition

Appeal dismissed; determination to revoke licence confirmed

Orders

  • Mr Cooper to pay the costs of the Office of Fair Trading of the appeal, to be assessed by the tribunal if not agreed