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Upper Tribunal refuses FCA’s application to amend its statements of case with alternative allegation and dismisses privacy applications (Burdett & Goodchild v FCA)

Financial Services analysis: In a preliminary hearing of Mr Burdett’s and Mr Goodchild’s (the Applicants) referrals to the Upper Tribunal (UT) of decision notices (the Notices) issued to them by the Financial Conduct Authority (FCA), the Tribunal made a number of rulings on the Applicants’ and FCA’s procedural applications. The Applicants applied for the Tribunal to direct that there be no publication of the Notices pending the outcome of the substantive hearing (the Privacy Applications). The FCA, meanwhile, applied for the Applicants’ referrals to be case managed and heard together in the substantive hearing (the Joinder Applications) and to amend its statements of case (the Amendment Applications). The Tribunal refused the FCA permission to do so on the basis that allegations not articulated in the ‘matter referred’ to the Tribunal could not subsequently be subsumed into the allegations that had been pleaded in the FCA’s Warning Notice.

Written by Rowena Wisniewska Sethi, barrister and Benedict Scantlebury, pupil of 4-5 Gray’s Inn Square Chambers.

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    Rowena Wisniewska Sethi
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    Benedict Scantlebury

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