UT (Tax & Chancery) UT-2023-000064 - [2024] UKUT 00394 (TCC)

Mr Jonathan Davidson. Between September 2015 and December 2020, Mr Davidson was the Director of the Retail Supervision and Authorisations Division at the Authority. As Director of that Division, he was responsible for the supervision of some of the UK’s largest retail financial institutions, including Barclays. Mr Davidson’s evidence covers the call between the Authority and Mr Nigel Higgins, the Chair of Barclays, which took place on 15 August 2019. Mr Davidson’s evidence is that during that call he asked Mr Higgins what Barclays had done to satisfy itself that there was no impropriety in any relationship between Mr Staley and Mr Epstein that would cast doubt on Mr Staley’s fit and proper status. His evidence also covers (i) a further call on 4 October 2019 following which the Letter was issued and (ii) his involvement in the process that led to the decision (which he approved) to open the investigation into Mr Staley’s conduct in relation to the Letter on 10 December 2019.

Mr Andrew Bailey, currently the Governor of the Bank of England. Between 1 July 2016 and 15 March 2020 Mr Bailey was CEO of the Authority. Mr Bailey’s evidence covers information he received from Ms Megan Butler (“Ms Butler”), then head of Wholesale Supervision at the Authority and Ms Kate Tuckley (“Ms Tuckley”) regarding a call she had with JPMorgan in November 2019. His evidence also covers (i) discussions he had with the then Governor of the Bank of England, Mr Mark Carney, and the Deputy Governor responsible for the Prudential Regulation Authority (“PRA”), Mr Sam Woods, regarding the decision to open the investigation into Mr Staley and (ii) his meeting with Mr Higgins (also attended by Mr Carney and Mr Woods) on 10 December 2019.

Mr Stephen Doherty. Mr Doherty at the relevant time was Group Head of Corporate Relations at Barclays. His evidence deals with communications he had with the press regarding Mr Staley’s relationship with Mr Epstein and his discussions with Mr Staley on that subject.

Mr Nigel Higgins. Mr Higgins is the Group Chairman of the Barclays Group. His evidence covers (i) his discussions with Mr Staley about the latter’s relationship with Mr Epstein (ii) his discussions with the Authority and others on that matter between August and October 2019 which led to the issue of the Letter and (iii) the discussions with the Authority which led to the opening of the investigation into Mr Staley’s conduct in December 2019.

Mr Mark Steward. From October 2015 until April 2023, Mr Steward was the Executive Director of the Enforcement and Market Oversight Division of the Authority. His evidence covers his own involvement in the Authority’s request for information from Barclays in August 2019 and the subsequent decision to open the investigation into Mr Staley’s conduct in December 2019.

Ms Sasha Wiggins. Ms Wiggins is the CEO of Barclays Private Bank and Wealth Management. She was Group Chief of Staff to Mr Staley from 2018 until his resignation in November 2021. Her evidence covers her knowledge regarding the relationship between Mr Staley and Mr Epstein.

Mr Robert Hoyt. Mr Hoyt was at the relevant time Group General Counsel at Barclays. Among other things, his evidence covers (i) his conversations with Mr Staley regarding his relationship with Mr Epstein, (ii) the assistance he provided with Barclays’ response to enquiries made by the media and others about Mr Staley’s relationship with Mr Epstein and (iii) the assistance he provided to Barclays in relation to the preparation of the Letter.