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England and Wales decisions
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The defendant did not benefit from the ÂŁ60,000 paid into his account, did not actively collude or participate in the bond arrangement, and was not enriched at the claimant's expense; no trust or restitutionary claim lies against him.
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The defendants' statutory right to recover property transferred under an unenforceable sale and rent back agreement binds successors in title and constitutes a mere equity protected by actual occupation under the Land Registration Act; the claimant did not carry on regulated activities by way of business, but the right to recover property is not defeated by transfer to a third party.
Source excerpt
The Financial Conduct Authority v Avacade Ltd (t/a Avacade Investment Options) & Ors [2020] EWHC 3941 (Ch) (14 July 2020)
Post-trial, the High Court considered recusal after the judge’s firm acted for the FCA in unrelated litigation. Recusal was granted in part for further case management.
The High Court refused Craig Lummis’s late application to adjourn a Financial Conduct Authority trial, holding that the medical evidence did not justify stopping the case.
Klenk And Ors v The Betesh Partnership Solicitors & Anor [2016] EWCA Civ 1203 (16 November 2016)
The Court of Appeal refused permission to appeal against a late amendment allowing a collective investment scheme allegation in a professional negligence claim.
The Court of Appeal dismissed Mr Bate’s appeal, upholding Aviva’s avoidance of the policy for negligent misrepresentation and non-disclosure, and rejecting the ICOB challenge.
Financial Services Authority v Anderson & Ors [2010] EWHC 308 (Ch) (22 February 2010)
The High Court granted a limited adjournment of a summary judgment hearing, mainly because the unrepresented defendants needed time to recover files and prepare.
The High Court held that the defendants were bound by clear written terms providing for a minimum fee and personal guarantees, and dismissed their counterclaim.
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