Sarah Clarke KC and Aaron Rathmell successfully fought off the FCA’s attempt to appeal to the Supreme Court in the long running case of FCA v Seiler and Whitestone
7th April 2025
Sarah Clarke KC and Aaron Rathmell successfully fought off the FCA’s attempt to appeal to the Supreme Court in the long running case of FCA v Seiler and Whitestone.
Sarah successfully represented the main subject (Louise Whitestone) in this significant Upper Tribunal case which has far reaching ramifications for the FCA in terms of the significant criticisms made of its approach to litigation and disclosure ([2023] UKUT 00133 (substantive decision)).
Following this victory in the Upper Tribunal, Sarah was successful in obtaining a substantial costs order for her client on the grounds of the FCA’s unreasonable behaviour during the proceedings [2023] UKUT 00270 (costs decision). Sarah was then successful in the Court of Appeal against the FCA’s attempts to appeal the costs order (Financial Conduct Authority v Seiler and another [2024] EWCA Civ 852). The FCA then applied to the Supreme Court for leave to appeal.
Sarah and Aaron drafted a robust Notice of Objection which resulted in the Supreme Court refusing leave on the ground that the FCA had raised no arguable point of law. This brings to an end this long running litigation which has had and continues to have, seismic ramifications on the FCA’s approach to Upper Tribunal litigation.
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