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Status: You are viewing the version of the handbook as on 2005-06-30.

COB Sch 5 Rights of actions for damages

COB Sch 5.1G

3The table below sets out the rules in COB contravention of which by an authorised person may be actionable under section 150 of the Act (Actions for damages) by a person who suffers loss as a result of the contravention.

COB Sch 5.2G

If a "Yes" appears in the column headed "For private person?", the rule may be actionable by a "private person" under section 150 (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 2001/2256)). A "Yes" in the column headed "Removed" indicates that the FSA has removed the right of action under section 150(2) of the Act. If so, a reference to the rule in which it is removed is also given.

COB Sch 5.3G

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.

COB Sch 5.4G
2

Right of action under section 150

Chapter/Appendix

Section/Annex

Paragraph

For private person?

Removed?

For other person?

All rules in COB with the status letter "E"

No

No

No

Any rule in COB which prohibits an authorised person from seeking to make provision excluding or restricting any duty or liability

Yes

No

Yes

Any other person

Any rule in COB which is directed at ensuring that transactions in designated investments are not effected with the benefit of unpublished information that, if made public, would be likely to affect the price of that designated investment

Yes

No

Yes

Any other person

2 2 2 2 21

All other rules in COB

Yes

No

No