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Court of Appeal dismisses appeal on admissibility of FSA material as evidence in Directors Disqualification Proceedings

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  • Joanna Gray
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    Abstract

    Purpose – The paper's aim is to outline and comment on the Court of Appeal case: Secretary of State for Business Enterprise and Regulatory Reform v. Aaron and Others, October 2008. Design/methodology/approach – The paper outlines the facts surrounding the case and comments on the ruling. Findings – Lord Justice Thomas gave the judgment in this appeal, considering the admissible in disqualification proceedings. However, in relation to the Secretary of State's attempt to rely in evidence on material in the FOS decision and the FSA final notice LJ Thomas ruled that that the implied exception to the strict rule of evidence in Hollington v. Hewthorn did not apply so as to allow their admission in evidence. Originality/value – The current market crisis has focused the attention of regulatory investigators around the world on the activities of major UK financial institutions in a number of jurisdictions in which they were active.

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    Bibliographic Info

    Article provided by Emerald Group Publishing in its journal Journal of Financial Regulation and Compliance.

    Volume (Year): 17 (2009)
    Issue (Month): 1 (February)
    Pages: 76-80

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    Handle: RePEc:eme:jfrcpp:v:17:y:2009:i:1:p:76-80

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    Related research

    Keywords: Courts of appeal; Insolvency; Legal decisions;

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