THE
market abuse case against Sir
Philip Watts, the former Shell
chairman, was dramatically
abandoned yesterday.
The Financial Services
Authority stunned City lawyers
by announcing it was closing the
file on Sir Philip’s role in the
company’s misleading of
shareholders over its oil and
gas reserves.
The FSA had been
investigating Sir Philip and at
least one other individual after
last year finding Shell guilty
of abuse and fining it £17
million. It said in a statement:
“The FSA has been pursuing
inquiries into the roles of
certain individuals in the mis-statement
of Shell’s hydrocarbon reserves.
Those inquiries have reached a
conclusion and the FSA will be
taking no further action.”
Sir Philip seized on the
announcement as evidence that he
had cleared his name. His
solicitors, Herbert Smith, said:
“This vindicates the position
Sir Philip has maintained
throughout: that he acted
properly and in good faith
throughout.”
But regulatory lawyers
were astonished at the U-turn by
the FSA, which two months ago
won a significant skirmish
against Sir Philip, when the
Financial Services & Markets
Tribunal rejected his claim that
he had been unfairly treated.
Robert Turner, of Simmons &
Simmons, the law firm, said:
“This is very surprising given
the tribunal decision. I imagine
this must have been a very hard
decision for the FSA.”
The FSA’s Regulatory
Decisions Committee is
understood not to have been
persuaded by the evidence
assembled over 18 months by the
FSA’s powerful enforcement arm.
One FSA source said that the
hurdle for finding an individual
culpable was set higher than for
a company.
The retreat is also
awkward for the FSA because its
former acting head of
enforcement, David Mayhew, who
led the tribunal battle against
Sir Philip, leaves in three
weeks to join Herbert Smith.
Sir Philip remains under
investigation by the US
Securities & Exchange Commission
over his role in the scandal and
faces a class action lawsuit by
shareholders.
The FSA declined to say
who else it had been
investigating. Walter van de
Vijver, the former exploration
director, was seen by some as
culpable after complaining in an
e-mail that he was “becoming
sick and tired about lying about
the extent of our reserves
issues”.