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England and Wales decisions
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Marks and Spencer Financial Services Plc, Re [2026] EWHC 1170 (Ch) (23 March 2026)
The High Court sanctioned a Part VII FSMA banking transfer from Marks and Spencer Financial Services plc to HSBC UK Bank plc, finding no material adverse effect and no regulatory objection.
Sainsbury's Bank PLC, In the Matter Of (Re Financial Services and Markets Act 2000) [2025] EWHC 1062 (Ch) (01 May 2025)
The High Court sanctioned a banking business transfer from Sainsbury's Bank plc to NatWest under FSMA 2000, with ancillary orders to support implementation.
The scheme satisfies all statutory requirements under FSMA, including solvency, authorisation, and notification. There is no material adverse effect on customers or stakeholders, and appropriate mitigations are in place for any identified detriment. The court is satisfied that the scheme is fair and appropriate and sanctions the transfer.
Source excerpt
The Court of Appeal granted permission to appeal on an arguable duty-to-warn issue, holding the bank may have been on inquiry about possible fraud in a transfer.
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