The Daily Telegraph

Former Shell chief loses appeal over reserves

Tribunal rules FSA inquiry did not violate Sir Philip Watts’ rights

- By James Moore Financial Correspond­ent

FORMER Shell chairman Sir Philip Watts yesterday lost his appeal against the chief fi nancial regulator’s handling of an investigat­ion into the oil giant’s reserves scandal.

Sir Philip had accused the Financial Services Authority of “violating” his rights and running a “flawed investigat­ion” into Shell, which admitted it had overstated its proven oil reserves by more than 4billion barrels.

He claimed that the regulator’s Final Notice of its decision to fi ne Shell £17m identified and prejudiced him, despite not being named. Sir Philip argued he should have been allowed to see and respond to the notice.

However, the independen­t Financial Services & Markets Tribunal rejected the appeal saying: “There is no reason in our view why a market abuse allegation directed at a company must necessaril­y be taken to impute criticism to particular individual­s.”

Lawyers said the decision would come as a major relief to a regulator smarting from an earlier tribunal’s decision to halve a fi ne against life insurer Legal & General for endowment misselling. The FSA was sharply criticised in that tribunal’s judgment.

In a statement, the regulator said: “The FSA welcomes the clarificat­ion of the law in relation to the rights of third parties. We have further inquiries which we are pursuing in relation to Sir Philip. These have not yet been concluded.”

However, Sir Philip’s law fi rm Herbert Smith said in a statement: “Sir Philip is disappoint­ed by the tribuna l ’ s decision and we are giving careful considerat­ion to the tribunal’s reasoning.

“The tribunal found that Sir Philip was not technicall­y ‘ identifi in the FSA’s fi nal notice. Unfortunat­ely the FSA did not MARINA IMPERI make its position with respect to Sir Philip and other individual­s clear to the media at the time the notice was publicised. Consequent­ly Sir Philip was compelled to bring this action.

“Sir Philip continues to

believe that the FSA’s factual fi ndings in the fi nal notice against Shell are flawed. Sir Philip acted properly and in good faith at all times. He will continue his fight to clear his name and believes that he will be vindicated if any proceeding­s are instituted against him.”

One option under considerat­ion is an appeal to the Court of Appeal on points of law, although sources close to Sir Philip’s legal team stressed that no decisions had been made.

Jeremy Sandelson, head of

litigation at Clifford Chance,

said: “The FSA must be very

pleased. It would have

been embarrassi­ng for

them for the tribunal

to have found that they

prejudiced Sir Philip

in this way. What the

tribunal has done

is to confirm that if

you are an individual

you are not explicitly identified even

though the company

you work for is criticised.”

The FSA’s decision to

fi ne Shell was released

on the same day that

America’s Securities &

Exchange Commission

imposed a $120m penalty on the company,

which was forced into

a radical overhaul of its

corporate structure and

management team in the

wake of the affair.

Section 393 of the Financial Services & Markets Act gives people named in regulatory actions the right to view evidence relating to them and make representa­tions.

Sir Philip’s lawyers said they

had tried to contact the FSA

over this three times before

the release of the regulator’s fi nal notice.

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 ??  ?? Sir Philip Watts: lawyers say he ’ will continue fi ght to clear his name’
Sir Philip Watts: lawyers say he ’ will continue fi ght to clear his name’
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