Cooper v Financial Conduct Authority

Financial services – Financial Conduct Authority. Where the applicant had contended that he had been prejudicially identified in a decision notice given by the Financial Conduct Authority to a company, in respect of which he had been a compliance director and a member of its board, he was not entitled to an extension of time, following a delay of almost 14 months, to make a reference to the Upper Tribunal (Tax and Chancery Chamber) (the UTT), concerning his third party rights, under s 393 of Financial Services and Markets Act 2000 (FSMA 2000). So held the UTT, which further ruled that, even if the reference had been admitted, the applicant's claim for third party rights would have been dismissed, because there had been no reference, in the final notice to the company, to any particular individual holding a position, and, accordingly, the applicant had not been 'identified', within the meaning of s 393 FSMA 2000.

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