David Massey v Financial Services Authority: [2011] UKUT 49 (TCC)

Upper Tribunal Tax and Chancery decision of Judge Bartlett and Member Palmer and Member Senior on 3 February 2011.

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MARKET ABUSE � Conditions in FSMA s118(2) –Whether applicant an insider within s118B(e) � Yes � Whether information not generally available � Yes � Whether information of a precise nature within meaning of s118C(2) � Yes � Whether information likely to have a significant effect on price within meaning of s118C(6) � Yes � Defence under s123(2)(a) of belief on reasonable grounds that not market abuse � Defence not made out � Penalty to be imposed � Whether applicant fit and proper � No � Prohibition.

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Published 1 December 2016