Fit and Proper in UK Law
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Hobbs v Financial Conduct Authority
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Furthermore, in my judgment it is important for the Tribunal to consider all the facts and evidence put before it on a reference under section 57. To take the present case as an example, I can see that it might be arguable that on Henderson v Henderson grounds the Authority should not be permitted to rely on allegations that it put before the Tribunal but which the Tribunal did not accept demonstrated that Mr Hobbs was not a fit and proper person.
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R (RBNB) v Warrington Crown Court
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Secondly, some consideration must be given to the expression "fit and proper" person. This is a portmanteau expression, widely used in many contexts. It does not lend itself to semantic exegesis or paraphrase and takes its colour from the context in which it is used.
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Robinson v Chief Constable of West Yorkshire Police
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The drawing of an analogy depends on identifying the legally significant features of the situations with which the earlier authorities were concerned. The courts also have to exercise judgement when deciding whether a duty of care should be recognised in a novel type of case. It is the exercise of judgement in those circumstances that involves consideration of what is “fair, just and reasonable”.
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Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
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For example, it may be clear as a matter of law at the outset that even if a party were to succeed in proving all the facts that he offers to prove he will not be entitled to the remedy that he seeks. In other cases it may be possible to say with confidence before trial that the factual basis for the claim is fanciful because it is entirely without substance. It may be clear beyond question that the statement of facts is contradicted by all the documents or other material on which it is based.
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ABC Ltd (First Appellant) X Ltd & Y Ltd (Second and Third Appellants) v The Commissioners for HM Revenue and Customs
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A conclusion that a person is not fit and proper for unconditional approval does not preclude conditional approval of that person. In my view HMRC have power under section 88C(3) to grant a temporary approval pending appeal if they conclude that a person is fit and proper for that limited period, perhaps with additional conditions. That is a possible conclusion thagt might be reached even if a general approval is being denied.
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McFarlane v Tayside Health Board
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In my opinion the law must take the birth of a normal, healthy baby to be a blessing, not a detriment. Individuals may choose to regard the balance as unfavourable and take steps to forego the pleasures as well as the responsibilities of parenthood. They are entitled to decide for themselves where their own interests lie. It would be repugnant to its own sense of values to do otherwise. It is morally offensive to regard a normal, healthy baby as more trouble and expense than it is worth.
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Hawkes v Cuddy and Others (Nos 1 & 2)
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In the present case, the correctness or otherwise of that proposition is academic, since ultimately, when it was apparent from the judge's judgment that Mr Hawkes would not be able to buy out Mr Cuddy, he agreed to the order proposed by the judge being made on his petition. On any basis, therefore, the judge had power to make the order he did. But I would not want it to be assumed that that proposition represents the law.
- The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) (Amendment) Regulations 2021
- The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020
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Housing (Scotland) Act 2014
... ... Ministers must enter the applicant in the register or renew an existing entry if they are satisfied that—(a) the applicant is a fit and proper person to carry out letting agency work,(b) any other person who is required to be identified in an application by virtue of section 30 is a fit and ... ...
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The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
... ... , ensure that appropriate measures are taken by the business to assess—(i) whether an agent used by the business would satisfy the fit and proper test provided for in regulation 58; and(ii) the extent of the risk that the agent may be used for money laundering or terrorist financing ... (5) ... ...
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Reinstatement of Previously Deregistered Health Professionals in Australia: Legal Determinations of Risk, Patient Safety, and Public Interest
Each year approximately 60 registered health practitioners in Australia have their registration cancelled for reasons of serious misconduct or, less commonly, impairment or criminal conviction. Can...... ... of public interest and public safety when deciding whether de-registered health practitioners who seek reinstatement are now ‘fit and proper’to practise theirprofession again. There is a considerable body of case law on the meaning of fitness to practise forhealth professionals, and the ... ...
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Reinstatement of Previously Deregistered Health Professionals in Australia: Legal Determinations of Risk, Patient Safety, and Public Interest
Each year approximately 60 registered health practitioners in Australia have their registration cancelled for reasons of serious misconduct or, less commonly, impairment or criminal conviction. Can...... ... of public interest and public safety when deciding whether de-registered health practitioners who seek reinstatement are now ‘fit and proper’to practise theirprofession again. There is a considerable body of case law on the meaning of fitness to practise forhealth professionals, and the ... ...
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Adoption of mobile technology in business: a fit‐viability model
Purpose: This paper aims to study the adoption of mobile technology in business and its determinants. A diagnostic tool for proper adoption of mobile technology is developed. Design/methodology/ap...... ... A diagnostic tool for proper adoption of mobile technology is developed.Design/methodology/approach – Grounded on the fit-viability framework, the paper uses amulti-case study ... ...
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Using the lie detector test to curb corruption in the Nigerian Police Force
Purpose: This paper aims to critically examine the lie detector test policy of the Nigeria Police Force to determine if the policy is capable of curbing corruption in the Nigerian Police Force. De...... ... The above measure willensurethat currentemployees who are chosen as examiners for the lie detector tests are fit and proper personsfor thejob.Research limitations/implications –This paper focuses on the new lie detector test policy of theNigeria PoliceForce. It does not ... ...
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Employment Appeal Tribunal provides guidance on the FCA’s ‘fit and proper person’ test
In Radia v Jeffries International Limited, UKEAT/0123/18 the Employment Appeal Tribunal (“EAT”) held that an employer, Jeffries International Limited (“Jeffries”), properly dismissesd an employee w...
- A 'Fit And Proper' Approach
- The Fit And Proper Persons Test
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Second Chances? What the Neil Woodford Matter Tells Us about the FCA Fit & Proper Test
Introduction - On 14 February 2021, Neil Woodford (a high-profile investment manager in the UK) announced his intention to launch a new fund management firm operated out of the UK and Jersey. Woodf...
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Evidence in support of application for examination of a witness and production of documents under the evidence (Proceedings in other jurisdictions) Act 1975 (rule 34.17 and PD34 paragraph 6.3)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... to the said proceedings [before one of the Examiners of the Court] or [before (name, occupation and address) who, in my opinion, is a fit and proper person to take such examination] ... [I believe that the facts stated in this witness statement are true ... Signed: Name: ... ... ...
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Application for Certificate to Levy Distress
Enforcement forms including forms used by judges.... ... and your home and business addresses for the last six years ... The judge can only grant a certificate if satisfied that you are a fit and proper person and have a sufficient knowledge ... of the law of distress ... Please give any information below which may assist the judge in considering ... ...
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Application for Certificate to act as an enforcement agent
Enforcement forms including forms used by judges.... ... You must submit this with your application form ... The judge can only grant a certificate if satisfied that you are a fit and proper person and ... have a sufficient knowledge of the law of debt enforcement ... 12. Please give any information below which may assist the judge in ... ...