Shevlin v Financial Services Authority, Court of Appeal - United Kingdom Financial Services and Markets Tribunals, June 12, 2008, [2008] UKFSM FSM060

Resolution Date:June 12, 2008
Issuing Organization:United Kingdom Financial Services and Markets Tribunals
Actores:Shevlin v Financial Services Authority
 
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PROCEDURE ­ non-compliance with "unless order" ­ whether appropriate to vary unless order ­ no ­ application dismissed FINANCIAL SERVICES AND MARKETS TRIBUNAL JOHN SHEVLIN Applicant - and - FINANCIAL SERVICES AUTHORITY The Authority Tribunal: SIR STEPHEN OLIVER QC Sitting in Chambers on 12 June 2008 © CROWN COPYRIGHT 2008 2 DECISION I have considered the application dated 11 June 2006 from the Applicant, Mr Shevlin, asking for a further 14 day extension of time in which to lodge his Statement.5 I have also considered the response from the FSA to that application. In the circumstances I have reached the conclusion that I can see no good reason for either granting a further extension of the period in which to comply with the Direction given on 22 May or for revoking the later Direction that the reference now stands dismissed. The Background The decision notice was issued on 10 September 2007. The decision was to impose a financial penalty for behaviour constituting market abuse. Mr Shevlin, through Edwin Coe, his solicitors, referred the matter to the Tribunal on 9 October 2007. The FSA's Statement of Case was issued on 8 November 2007. Mr Shevlin's reply was due by 6 December. On 28 November a 14 day extension was applied for. This extension was granted by the Tribunal on 30 November. The reply was not lodged by 20 December and on 2 January 2008 Edwin Coe25 asked for a further 14 days as a final extension. The Tribunal granted the application on the following terms: "It is directed that the Applicant shall have until 4.30pm on 18 January in which to lodge his Reply and if the Reply has not been lodged by then and30 acceptable reasons have not been provided the Tribunal will consider dismissing the reference without a hearing." It appears that a reply was lodged. At a Directions hearing on 26 March 2008 the Tribunal gave Mr Shevlin leave to serve an amended reply by 28 March. (This35 was complied with.) The Tribunal also directed, in Direction 3, that Mr Shevlin should file and serve on the FSA signed statements of his witnesses of fact by 4pm on 16 May 2008. It was further directed that the substantive hearing be fixed to commence on or after 24 June 2008 with a six day time estimate. Case management directions requiring staged compliance were given.40 The hearing was in due course fixed to start on 17 July 2008. On 29 May 2008 the Tribunal released a Direction given on 27 May. The Direction provided as follows:45 3 "Noting that the Applicant has not...

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