| 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. | |
| 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. | |
| 3. | In accordance with the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (SI 2001/2256), a "private person" is: | |
| i. | any individual, except when acting in the course of carrying on a regulated activity; and | |
| 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. | |
| 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. | |
You are viewing MAR Sch 5 Rights of action for damages as of . MAR Sch 5 Rights of action for damages was last updated on 30/03/2026. Future Versions: 28/09/2026
MAR Sch 5 Rights of action for damages
01/04/2013G
30/03/2026G