Chiesa and another v Financial Conduct Authority

Financial services – Financial Conduct Authority. The applicants had failed to discharge the burden of proving, to the normal civil standard, that there had been bad faith or some other abuse of process on the part of the Financial Conduct Authority (the FCA) in the investigations underlying the proceedings brought against the applicants, resulting in the making of Decision Notices (DNs) against them. Accordingly, the Upper Tribunal (Tax and Chancery Chamber) refused the applicants' application for disclosure by the FCA of materials within its possession that showed the FCA's internal decision-making that had led to the issue of those DNs.

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