Derek McDowell (Labour)

Section 30 seems to provide a civil remedy in so far as it allows a person to seek compensation in the event that he or she has lost out as a result of the use by another person of insider knowledge. The provision seems to be contingent on it being proved in the first place that somebody has contravened the law. It will not be a question of taking a civil case in the normal way where one must prove that on the balance of probability someone has done something wrong or been negligent. Under the provisions of section 30, it appears one must sustain a suit for damages against a person who has already been convicted of a civil offence or has contravened the law.