Mr Adrian Douglas, Mr Liam Martin and Mr Frank Oxberry have each referred their Decision Notices to the Upper Tribunal. The findings outlined in the Decision Notices given to them reflect the FCA’s belief as to what occurred and how it considers their conduct should be characterised. The proposed action outlined in their Decision Notices will have no effect pending the determination of the references by the Tribunal whose decision will be made public on its website.The Tribunal will determine, in the case of the decision to impose a financial penalty what (if any) the appropriate action is for the FCA to take, and remit the matter to the FCA with such directions as the Tribunal considers appropriate and, in relation to the decision to make prohibition orders or a decision to withdraw approval, whether to dismiss the reference or remit it to the FCA with a direction to reconsider and reach a decision in accordance with the findings of the Tribunal.Mr Alec Cuthbert agreed to settle the FCA’s case against him and therefore has not made a reference to the Tribunal of our decision to take action. The Final Notice given to him has not been the subject of any judicial finding. It includes criticisms of Mr Oxberry who has been given a Decision Notice in relation to the same matter. As above, Mr Oxberry disputes his Decision Notice and has referred it to the Upper Tribunal for determination.
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