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Glenn Campbell appeared for defendant in the Manchester Business and Property Courts, Chancery Division

Glenn Campbell appeared for the first defendant (instructed by John Cayton and Richard Senior of Caytons, of 85 Gracechurch Street, London EC3) in the Manchester Business and Property Courts, Chancery Division, on this unsuccessful application for permission to amend brought by multiple claimants in proceedings related to substantial property development projects in Liverpool and Manchester, seeking to add claims for alleged breach of obligations imposed on the operator of a collective investment scheme under the Financial Services and Markets Act 2000:-

https://www.bailii.org/ew/cases/EWHC/Ch/2020/3643.html

After considering the authorities including Brown-v-InnovatorOne PLC [2012] EWHC Comm 1321 and FCA-v-Asset Land PLC [2016] UKSC 17, His Honour Judge Hodge QC refused permission on the grounds that (a) the solicitor defendants were not carrying on or operating a scheme within the Act (b) even if they had been, there was no arguable claim for relief under the relevant statutory provisions, which struck at the investment contract and not at the solicitors’ retainer.

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