Financial Conduct Authority v Skinner & Ors [2019] EWHC 393 (Ch) (18 January 2019)

Financial Conduct Authority v Skinner & Ors [2019] EWHC 393 (Ch) (18 January 2019)

Given the admissions and unchallenged evidence of sums obtained by the defendants, and the failure of the defendants to provide financial information despite clear notice, the court is satisfied that interim payments in reasonable proportions are just and appropriate.

Citation
[2019] EWHC 393 (Ch)
Parties
Claimant: Financial Conduct Authority; Defendants: Skinner & Others; Defendant: Mr Mongalar; Defendant: Mr Miller
Jurisdiction
England and Wales
Judgment Date
18 January 2019
Procedural Posture
Interim Payment Application / Interlocutory
Outcome
Interim payment orders granted against the third, fourth, fifth, and sixth defendants.
Legal Topics
Interim Payments, Financial Services and Markets Act 2000 (fsma), Civil Procedure Rules (cpr) 25.7
Financial Regulation Civil Procedure Interim Payments Financial Services and Markets Act 2000 (fsma) Civil Procedure Rules (cpr) 25.7

Case Brief

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Parties

Financial Conduct Authority

Claimant

Skinner & Others

Defendants

Mr Mongalar

Defendant

Mr Miller

Defendant

Procedural Posture

Interim Payment Application / Interlocutory

Legal Issues

  1. 1 Whether the claimant is entitled to interim payments from the defendants under CPR 25.7(1)(c)
  2. 2 Whether the court should consider the financial position of the defendants in making an interim payment order

Ratio Decidendi

Given the admissions and unchallenged evidence of sums obtained by the defendants, and the failure of the defendants to provide financial information despite clear notice, the court is satisfied that interim payments in reasonable proportions are just and appropriate.

Court Disposition

Interim payment orders granted against the third, fourth, fifth, and sixth defendants.

Orders

  • The two companies are jointly and severally liable for £150,000.
  • Mr Mongalar is ordered to pay £100,000.