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England and Wales Case Law

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Insurance law

In the matter of IRB-Brasil Resseguros S. A. and in the matter of Community Reinsurance Corporation Limited and in the matter of Part VII of the Financial Services and Markets Act 2000

The High Court sanctioned a Part VII FSMA transfer of IRB-Brasil Resseguros S.A.’s UK branch business to Community Reinsurance Corporation Limited.

  • Part vii transfer scheme
  • Court sanction of insurance business transfer
  • Regulatory approval
  • Independent expert report
  • Policyholder protection
  • Solvency
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Financial services regulation

Richard Brian Fenech & Anor v The Financial Conduct Authority

Upper Tribunal decision on pension transfer advice, supervision, limitation, and dishonesty involving FSML, with findings of partial liability and deferred sanctions.

  • Defined benefit pension transfers
  • Suitability of advice
  • Regulatory compliance
  • Limitation periods
  • Dishonesty
  • Supervision failings
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Financial services regulation

Brinphar Ltd & Ors v Ever Bright Inn Ltd & Ors

The leases, including Schedule 5, remained valid estates in land and did not defease or convert into licences upon disclaimer of the sub-leases. The Defendants, as successors, are bound by the leases and Schedule 5. The arrangements collectively constitute a CIS under s.235 FSMA. Only Aloe Vera (Llandudno Bay) and EBI (Belmont) actively operated the CIS and thus breached s.19 FSMA; the other Defendants did not operate a CIS. Remedies under s.26 FSMA are not available against the Defendants as successors; Claimants are entitled to enforce the leases but not to restitution or compensation under…

  • Collective investment schemes (cis)
  • Unlawful collective investment schemes (ucis)
  • Leases and licences
  • Disclaimer of onerous property
  • Successor liability
  • Remedies under fsma
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Financial services regulation [2026] EWHC 640 (Ch)

Jerrett & Anor v Williams & Co Solicitors (A Firm)

Jerrett & Anor v Williams & Co Solicitors (A Firm) [2026] EWHC 640 (Ch) (26 February 2026)

The High Court refused to strike out or grant summary judgment in a FSMA claim about an Afan Valley lodge investment, finding the timeshare and remedies issues need trial.

  • Collective investment schemes
  • Timeshare contracts
  • Breach of statutory duty
  • Fsma 2000
  • Summary judgment
  • Strike out applications
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Contract law [2026] EWCA Civ 32

Breeze & Ors v TSB Bank PLC

Breeze & Ors v TSB Bank PLC [2026] EWCA Civ 32 (30 January 2026)

The Court of Appeal dismissed borrowers’ appeal, holding TSB could charge the inherited Whistletree SVR and that section 140A(5) bars CCA relief tied to regulated mortgages.

  • Mortgage contracts
  • Statutory interpretation
  • Unfair relationship provisions
  • Standard variable rates
  • Consumer protection
  • Mortgage-contracts
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Financial services regulation

Richard Brian Fenech & Anor v The Financial Conduct Authority

The Upper Tribunal held that Ms Prestage was qualified as an expert, but her close involvement in the file review process made her conflicted and her report unfair as expert evidence.

  • Expert evidence
  • Conflict of interest
  • Admissibility of evidence
  • Case management
  • Defined benefit pension transfer advice
  • Expert-evidence
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Financial services regulation

Ancean Limited v The Financial Conduct Authority

The Upper Tribunal held that FSMA’s confidentiality regime displaces any collateral-use rule for documents provided to the FCA in reference proceedings.

  • Collateral use of documents
  • Implied undertaking
  • Statutory confidentiality
  • Tribunal procedure
  • Disclosure obligations
  • Financial-services-regulation
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Contract law [2025] EWHC 2988 (Ch)

Dewji v Prudential International Assurance PLC

Dewji v Prudential International Assurance PLC [2025] EWHC 2988 (Ch) (13 November 2025)

High Court appeal over a life assurance dispute. The court held most claims were time-barred or unsustainable, and ordered the claim struck out with summary judgment for Prudential.

  • Breach of contract
  • Misrepresentation
  • Negligence
  • Financial conduct authority rules
  • Limitation of actions
  • Summary judgment
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Financial services regulation

Linear Investments Limited v Financial Ombudsman Service Limited

Court of Appeal held Linear failed the FCA client-classification rules, upheld the Ombudsman’s benchmark choice, but allowed a contributory negligence challenge and remitted quantum.

  • Client classification under fca rules
  • Contributory negligence
  • Compensation calculation
  • Judicial review standards
  • Financial-services-regulation
  • Judicial-review
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.