Chickombe and others v Financial Conduct Authority

Financial services – Financial Conduct Authority. The question, pursuant to s 28(3) of the Financial Services and Markets Act 2000, as to whether it was just and equitable to enforce an otherwise unenforceable agreement, required the Financial Conduct Authority to consider all relevant factors and conduct a multifactorial assessment by reference to all the circumstances and balancing the various factors which it identified as being relevant to the matter. Having decided that the FCA had failed to consider the issue of potential consumer detriment in considering whether to make the validation order at issue, the Upper Tribunal (Tax and Chancery Chamber) allowed the applicants' references and remitted the matter to the FCA with a direction to reconsider its decision to issue the validation order in accordance with the tribunal's findings.

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