R (Amro International SA & Anor) v The Financial Services Authority & Ors

Where two companies were not subject to a civil claim in the USA, it was wrong for the FSA to have exercised its powers under the FSMA 2000 Pt XI to accede to a request from the US investigatory authority in US proceedings for disclosure of documents relating, not only to the person charged, but also to the two companies who might or might not have been connected. Those companies would, as a result of their non-party status, be unfairly prejudiced by the grant of such a request.

Andrew Hunter appeared on behalf of Amro International SA and Andrew George (instructed by the Financial Services Authority) appeared on behalf of the first defendant.