S&B Consultancy Services Ltd v Bourn & Anors [2022] EWHC 2359 – 20 September 2022 (Mr Simon Birt KC)

The Claimant claimed fees under an introductory agency agreement. The Defendant alleged that the Claimant had breached financial services legislation - sec. 26(3) of the FSMA - rendering the agency unenforceable. The Claimant applied to strike out the defence and/or for summary judgment. The Court declined as (i) the subject is an area of developing jurisprudence and decisions on novel points of law should be based on actual findings of fact; (ii) given the uncertainty, it was not possible to conclude that the Defendant had no real prospect of success and (iii) a trial would still be needed to investigate the other defences related to the construction of the agency.