MAR Sch 5 Rights of action for damages
1. |
The table below sets out the rules in MAR contravention of which by an authorised person may be actionable under section 138D of the Act (Actions for damages) by a person who suffers loss as a result of the contravention. |
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2. |
If a "yes" appears in the column headed "For private person?", the rule may be actionable by a " private person " under section 138D unless a "yes" appears in the column headed "Removed". A "yes" in the column headed "Removed" indicates that the FCA has removed the right of action under section 138D(3) of the Act . If so, a reference to the rule in which it is removed is also given. |
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3. |
In accordance with the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (SI 2001/2256), a "private person" is: |
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i. |
any individual, except when acting in the course of carrying on a regulated activity; and |
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ii. |
any person who is not an individual, except when acting in the course of carrying on business of any kind;but does not include a government, a local authority or an international organisation. |
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4. |
The column headed "For other person?" indicates whether the rule is actionable by a person other than a private person , in accordance with those Regulations. If so, an indication of the type of person by whom the rule is actionable is given. |
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Chapter / Appendix |
Section / Annex |
Paragraph |
For Private Person? |
Removed |
For other person? |
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MAR 1 (no rules) |
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All rules in MAR 2 except MAR 2.3.3 R and MAR 2.3.4 EU |
Yes |
Yes MAR 2.1.9 R |
No |
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No |
No |
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All rules in MAR 3 except MAR 3.5.7 E |
Yes |
Yes MAR 3.1.5 R |
No |
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No |
No |
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Yes |
No |
No |
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