Source: All England Reporter
Publisher Citation: [2010] All ER (D) 55 (Jan)
Neutral Citation: [2009] EWHC 2242 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Collins J

Representation Andrew Horner (instructed by Mishcon de Reya Solicitors) for the first claimant.
  The second claimant did not appear and was not represented.
  Andrew George instructed by and for the Financial Services Authority.
  The second and third defendants did not appear and were not represented.
  The interested party did not appear and was not represented.
Judgment Dates: 25 August 2009


Financial services - Financial Services Authority (FSA) - Powers - Power to carry out investigations to assist overseas regulator - American regulatory body requesting assistance in obtaining documents from accountancy firm in London relating to claim being brought in USA - First defendant FSA issuing notice demanding production to accountancy firm - FSA using statutory powers to appoint inspectors to obtain documents - Whether decision to obtain documents unlawful - Whether notice too unspecific so that extent of requirement beyond FSA's statutory powers - s 169.

The Case

Financial services Financial Services Authority (FSA). The Administrative Court allowed the claimants' claim for judicial review of the decision of the first defendant Financial Services Authority (FSA) to agree to obtain documents sought by a foreign regulatory body for the purposes of that body's claim against other parties. In the circumstances, the FSA could not have done other than decided that it was not necessary or indeed proportionate for the wide scope of discovery that was sought to be agreed to.

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