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ARTICLE · 16 SEPTEMBER 2004

Statement of Grounds for Reference to the Tribunal

On 24 August 2004, just four months after the commencement of its investigation into the matter, the FSA publicised a Final Notice issued to the "Shell" Transport and Trading Company, p.l.c ("STT") and the Royal Dutch Petroleum Company NV ("Royal Dutch") ("the Final Notice") (Tab 1) imposing a financial penalty of £17 million for market abuse and breach of the Listing Rules in respect of alleged misstatements of the proved reserves of the Royal Dutch/Shell Group of Companies ("Shell").

United KingdomFinance and Banking
Philip Watts
Philip Watts

Statement of Grounds for Reference to the Tribunal

IN THE FINANCIAL SERVICES AND MARKETS TRIBUNAL

Between:-

Sir Philip Watts

Applicant

-and-

The Financial Services Authority

"the FSA"

STATEMENT OF GROUNDS FOR REFERENCE TO THE TRIBUNAL

TABLE OF CONTENTS

Section

Summary

The FSA’s Final Notice identifies and prejudices the Applicant

The FSA has breached section 393 of the FSMA

The FSA’s findings are flawed

The Applicant refers the matter to the Tribunal

Background

Statutory rights of third parties to fairness

The FSA’s Final Notice identifies and prejudices the Applicant

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