Upper Tribunal Tax and Chancery Chamber

UT (Tax & Chancery) UT/2022/000100 and UT/2022/000107 - [2024] UKUT 00156 (TCC)

Fecha: 22-Mar-2024

Introduction

Introduction

Mr Burdett has referred to the Tribunal a Decision Notice dated 19 August 2022 (the “SJB Decision Notice”), by which the Authority concluded that Mr Burdett lacks integrity and is therefore not a fit and proper person to perform functions in relation to any regulated activity and that Mr Burdett poses a significant risk to consumers and the integrity of the United Kingdom financial system. In light of those findings the Authority decided to:

(1)

make an order prohibiting Mr Burdett from performing any function in relation to any regulated activities carried on by any authorised or exempt persons or exempt professional firm pursuant to section 56 of the Financial Services and Markets Act 2000 (the “Act”); and

(2)

impose on Mr Burdett a penalty of £311,762 pursuant to section 63A(1) of the Act.

Mr Goodchild has referred to the Tribunal a Decision Notice dated 19 August 2022 (the “JPG Decision Notice” and together with the SJB Decision Notice the “Decision Notices”), by which the Authority concluded that Mr Goodchild lacks integrity and is therefore not a fit and proper person to perform functions in relation to any regulated activity and that Mr Goodchild poses a serious risk to consumers and the integrity of the United Kingdom financial system. In light of those findings the Authority decided to:

(1)

make an order prohibiting Mr Goodchild from performing any function in relation to any regulated activities carried on by any authorised or exempt persons or exempt professional firm pursuant to section 56 of the Act; and

(2)

withdraw, pursuant to section 63 of the Act, the approval given to Mr Goodchild to perform the controlled function of SMF27 (Partner) at Westbury Private Clients LLP (“Westbury”); and

(3)

impose on Mr Goodchild a penalty of £47,600 pursuant to section 66 of the Act.

This preliminary hearing is concerned with applications by each of the Applicants for:

(1)

a direction under rule 14(1) and (2) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (the “Rules”) that there be no publication of the Decision Notice relating to him pending the outcome of the substantive hearing of his reference; and

(2)

a direction pursuant to paragraph 3 of Schedule 3 to the Rules that the register is not to include particulars of his reference.

(each a “Privacy Application” and together the “Privacy Applications”).

Mr Goodchild made his Privacy Application in his reference notice dated 16 September 2022. Mr Burdett made his Privacy Application in an email sent to the Tribunal on 22 October 2022.

The hearing is also concerned with two applications by the Authority, firstly an application for permission under rule 5(3)(c) of the Rules to amend its statement of case in relation to each reference and secondly an application for a direction under rule 5(3)(b) of the Rules that the two references be case managed and heard together by the Tribunal. Finally, the hearing considered proposed directions for the future management of the references until the substantive hearing.