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SYSC Sch 5 Rights of action for damages

01/04/2013G
The table below sets out the rules in SYSC 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.
01/04/2013G
If a '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, his fiduciary or representative; see article 6(2) and (3)(c) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (SI 2001 No 2256)). 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.
01/12/2004G
The column headed 'For other person' indicates whether the rule may be actionable by a person other than a private person (or his 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.
27/02/2026G
Chapter/AppendixSection/AnnexParagraphRight of action under section 138D
For private person?Removed?For other person?
SYSC 2 and SYSC 3  NoYesSYSC 1 Annex 1.1.12RNo
SYSC 4 to SYSC 10A  NoYes SYSC 1 Annex 1.2.19RNo
SYSC 12 to SYSC 14, SYSC 18 to SYSC 21  NoYes SYSC 1.4.2 RNo
SYSC 15A  YesNo, SYSC 1.4.2RNo
SYSC 22  Yes (apart from SYSC 22.8.1R and SYSC 22.9.1R - see SYSC 1.4.2R)No (apart from SYSC 22.8.1R and SYSC 22.9.1R - see SYSC 1.4.2R)No
SYSC 23 to SYSC 28A  NoYes, SYSC 1.4.2RNo