O'Sullivan, R (on the application of) v Financial Services Authority
The appellant's claim is not amenable to judicial review as it is essentially a private law claim for negligence, for which damages are only available if bad faith is shown, and no such bad faith is alleged or evidenced. There is no identifiable public law act or omission suitable for judicial review.
- Parties
- Appellant: O'Sullivan; Respondent: Financial Services Authority
- Jurisdiction
- England and Wales
- Judgment Date
- 11 June 2015
- Procedural Posture
- Judicial Review / Renewed Application for Permission to Appeal
- Outcome
- Permission to appeal refused
- Legal Topics
- Judicial Review, Regulatory Negligence, Damages for Supervisory Failures, Limitation of Actions
Case Brief
Summary, issues, holding and outcome
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Parties
O'Sullivan
Appellant
Financial Services Authority
Respondent
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the FSA's alleged failure to investigate and supervise Crown Currency Exchange is amenable to judicial review
- 2 Whether the appellant has a viable claim for damages against the FSA absent bad faith
- 3 Whether the claim is out of time
Ratio Decidendi
The appellant's claim is not amenable to judicial review as it is essentially a private law claim for negligence, for which damages are only available if bad faith is shown, and no such bad faith is alleged or evidenced. There is no identifiable public law act or omission suitable for judicial review.
Court Disposition
Permission to appeal refused
Orders
- Application refused
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