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20 Market Abuse Proceedings—Article 6 ECHR and the Burden and Standard of Proof

From: Insider Dealing: Law and Practice

Sarah Clarke

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 April 2024

Subject(s):
Market abuse — Financial Services and Markets Act 2000 — UK Financial Services Authority (FSA)
20.01 This Chapter deals with the status of market abuse proceedings for the purposes of Article 6 of the European Convention on Human Rights (‘ECHR’) and the burden and standard of proof in market abuse proceedings before the Upper Tribunal (Tax and Chancery Chamber) (‘Tribunal’).1 20.02 Article 6(1) ECHR provides that in determination of a person’s civil rights and obligations or of any criminal charge against him, a person has certain fundamental rights. Articles 6(2) and (3) provide for further minimum rights in respect of a person ‘charged with a criminal...
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