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England and Wales Case Law

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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…

Source excerpt

  • 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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Professional negligence

Afan Valley Limited (in administration) & Ors v Lupton Fawcett (a firm) & Ors

The claims against Lupton Fawcett (LF) are dismissed because the Claimants have not suffered recoverable loss: any liability to repay investors or lenders is offset by the receipt of those funds, and losses arise from the use or dissipation of funds, not their receipt. There is no sufficient causal nexus between the alleged breaches and the losses claimed. The proposed amendments against Metis are refused except for those agreed, as the breach of trust claim is unarguable and the amendments are prolix or unclear.

Source excerpt

  • Solicitors’ duties
  • Collective investment schemes (cis)
  • Financial services and markets act 2000 (fsma)
  • Limitation
  • Ex turpi causa
  • Breach of trust
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.