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Upper Tribunal Tax and Chancery Chamber
UT (Tax & Chancery) UT-2024-000010 - [2024] UKUT 00416 (TCC)
Fecha: 05-Nov-2024
Heading
UT Neutral citation number:[2024] UKUT 00416 (TCC)
UT (Tax & Chancery) Case Number: UT-2024-000010
Upper Tribunal (Tax and Chancery Chamber)
Financial Services
FINANCIAL SERVICES – PRIVACY APPLICATIONS – Section 391 FSMA - Rule 14 and Para 3, Schedule 3 to the Tribunal Procedure (Upper Tribunal) Rules 2008 – effect of publication of Decision Notice and details of reference on the register on the Applicant’s mental health
Heard on 5 November 2024
Hearing venue: The Rolls Building
London EC4A 1NL
Judgment given on 11 December 2024
Before
JUDGE RUPERT JONES
Between
HEATHER DUNNE
Applicant
and
FINANCIAL CONDUCT AUTHORITY
The Authority
Representation:
For the Appellant: Douglas Cherry, Fladgate LLP Solicitors
For the Respondent: Simon Pritchard, counsel instructed by the Financial Conduct Authority
DECISION
- Heading
- Introduction
- The Law
- The Privacy Applications
- Submissions and evidence on behalf of the Applicant
- Adverse Impact on the Applicant’s Mental Health - evidence and submissions
- The Applicant’s written evidence
- [] The Applicant’s counsellor
- Discussion and analysis
- The evidence
- Procedural history relating to the provision of the mental health evidence
- The GP’s letters
- The letters from the Applicant’s counsellor []
- The Applicant’s personal statement
- The fact that some information concerning the subject matter of a reference is already in the public domain is a factor which tends in favour of publication
- The Remaining grounds for the Privacy Applications
- Publication of the Decision Notices would cause reputational destruction to the Applicant
- Discussion and analysis
- Publication of the Decision Notices is not appropriate and there is an absence of urgency or consumer protection imperative
- Discussion and Analysis
- Publication of the Decision Notices would reveal irrelevant personal information about the Applicant’s financial circumstances
- Discussion and Analysis
- Conclusions