Court Of Appeal: The Final Chapter

The long awaited appeal in Weal v FSC has now been heard and the Judgment of the Court of Appeal handed down (it is available from the Gibraltar Court Service website). It is not necessary to restate the background to the case as it is amply covered elsewhere. Suffice it to say that the Court of Appeal dismissed the appeal of the appellant and upheld the decision of the Supreme Court in respect of certain regulatory sanctions. The case has inevitably been followed with interest by the financial sector locally.

In my first case note on the Supreme Court decision under appeal I expressed the view that "Whilst the case is obviously very fact-specific, it is unlikely that the legal principles set out in the Judgment will be reversed by the Courts in the future". (30 April 2015, Mondaq).