MIFIDPRU Sch 4 Rights of action for damages

1The table below sets out the rules in MIFIDPRU, 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 a result of the contravention.

If “Yes” appears in the column headed “For private person”, the rule may be actionable by a private person under section 138D (or, in certain circumstances, that person’s fiduciary or representative: see regulation 6(2) and 6(3)(c) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (SI 2001/2256)). If “Yes” appears in the column headed “Removed”, this 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 the right of action is removed is also given.

The column headed “For other person” indicates whether the rule may be actionable by a person other than a private person (or that person’s fiduciary or representative) under article 6(2) and (3) of those Regulations. If so, an indication of the type of person by whom the rule may be actionable is given.