ECO Sch 5 Rights of action for damages
11 |
The table below sets out the rules in ECO contravention of which by an authorised person may be actionable under section 150 of the Act (Actions for damages) by a person who suffers loss as a result of the contravention. |
2 |
If a "Yes" appears in the column headed "For private person?", the rule may be actionable by a "private person" under section 150 (or, in certain circumstances, his fiduciary or representative). A "Yes" in the column headed "Removed?" indicates that the FSA has removed the right of action under section 150(2) of the Act. If so, a reference to the rule in which it is removed is also given. |
3 |
The column headed "For other person?" indicates whether the rule is actionable by a person other than a private person (or his fiduciary or representative). If so, an indication of the type of person by whom the rule is actionable is given. |
Actions for damages: E-Commerce Directive sourcebook |
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Chapter/Appendix |
Section/Annex |
Paragraph |
Rights of action under section 150 |
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For private person? |
Removed? |
For other person? |
||||
No |
No |
No |
||||
1 |
2 |
1 |
Yes |
No |
No |
|
1 |
2 |
4(2) |
Yes |
No |
No |
|
1 |
3 |
1 |
Yes |
No |
No |
|
1 |
3 |
3 |
Yes |
No |
No |
|
1 |
3 |
5 |
Yes |
No |
No |
|
2 |
2 |
3 |
Yes |
No |
No |
|
2 |
3 |
1 |
Yes |
No |
No |
|
3 |
2 |
1 |
Yes |
No |
No |
|
3 |
Annex 1 |
Yes |
No |
No |
||
No |
No |
No |
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