PRACTICEClaimant seeking declaration that defendant had operated unauthorised deposit business - facts in declaration potentially giving rise to criminal liability - grant of declaration not inappropriate or breach of convention rightsFinancial Services Authority v Rourke: ChD (Mr Justice Neuberger): 19 October 2001The claimant sought, among other things, a declaration that the defendant had accepted unauthorised deposits contrary to section 3 of the Banking Act 1987 and that, for the purposes of inducing persons to make those deposits, he had made certain statements contrary to section 35.

The defendant contended that it was inappropriate to grant a declaration containing facts that could give rise to criminal proceedings.Nicholas Vineall (instructed by Freshfields Bruckhaus Deringer) for the claimant.

David Kelly (instructed by RJ Blackburn) for the defendant.Held, granting the relief sought, that a declaration in the terms sought was not concerned with criminal activity but would merely state that, on the balance of probabilities, certain facts had been established; that, if granted, the declaration would in any event be inadmissible in criminal proceedings; that such an order would be unlikely to prejudice a criminal trial but it was for the claimant to take that risk; that a declaration would not infringe the defendant's rights under article 6 of the European Convention on Human Rights; and, that accordingly, there was no reason why the declaration sought should not be granted.