FCA v Whitestone and Seiler

Andrew George KC, Celia Rooney and Ava Mayer represented the FCA in this significant costs application brought by two successful Upper Tribunal applicants. In an important decision concerning its own procedure and jurisdiction, the Upper Tribunal rejected the Applicants’ contention that the FCA should pay the entire costs of the action due to what was alleged to be its unreasonable decision to seek a prohibition order against the Applicants but ordered the FCA to pay a proportion of the costs as a result of its approach to calling witnesses before the Tribunal and amendments it made to its case between the Warning Notice and Decision Notice stages, and its response to certain requests for information.

The full decision is available here.