David Thomas v The Financial Services Authority: FIN/2004/0006
Upper Tribunal Tax and Chancery decision of Judge Brice, Judge Bishopp and Member Parsloe on 22 September 2004.
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.PERFORMANCE OF REGULATED ACTIVITIES – Respondent’s refusal to approve performance by Applicant of controlled functions – three preliminary issues – whether Respondent in breach of time limit in section 61(3) – yes – whether that made the warning notice and the decision notice void – no - whether the fact that the Respondent has appointed investigators in respect of the Applicant are grounds sufficient in themselves for a conclusion that the Applicant is not a fit and proper person – no – reference not yet determined - Financial Services and Markets Act 2000 ss 61, 133 and 168.