Trust me, I’m a dolphin! – Pensions Barrister

Posted June 13th, 2024 in fiduciary duty, financial advice, negligence, news, pensions by sally

‘Joseph Steadman of Wilberforce Chambers considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment scheme.’

Full Story

Pensions Barrister, 13th June 2024

Source: www.pensionsbarrister.com

Challenging FOS decisions: the Options case – Pensions Barrister

Posted May 23rd, 2024 in financial advice, judicial review, news, ombudsmen by sally

‘Paul Newman KC discusses Options UK Personal Pensions LLP v Financial Services Ombudsman Ltd, in which the Court of Appeal dismissed a judicial review claim brought by a SIPP provider challenging a decision by FOS that the provider had breached its duty to carry out proper due diligence in respect of an unsuitable pension investment.’

Full Story

Pensions Barrister, 23rd May 2024

Source: www.pensionsbarrister.com

SRA told to pay solicitor £75k in costs for failed prosecution – Legal Futures

‘The Solicitors Regulation Authority (SRA) has been slapped with a £75,000 costs order after making an “essential mistake of law” in a failed prosecution of a solicitor.’

Full Story

Legal Futures, 31st August 2023

Source: www.legalfutures.co.uk

‘Enablers’ in spotlight as economic crime bill takes next step – Law Society’s Gazette

‘The role of “professional enablers” in white-collar crime is set to come under new scrutiny this week as the government’s Economic Crime and Transparency Bill enters its next parliamentary stage. Ministers are expected to come under pressure to accept amendments that would lower the threshold for the prosecution of individuals for corporate crimes and to create new “failure to prevent” offences.’

Full Story

Law Society's Gazette, 24th October 2022

Source: www.lawgazette.co.uk

Extensions to the Anti-Money Laundering Compliance Regime – Family Law Week

‘Matthew Moore, director of Infolegal, advises family lawyers of their obligations under anti-money laundering regulations following changes [to the] wording of what constitutes taxation advice.’

Full Story

Family Law Week, 24th November 2020

Source: www.familylawweek.co.uk

Alan Shearer gets payout over ‘bad advice’ pension – BBC News

Posted December 17th, 2019 in financial advice, negligence, news, pensions by tracey

‘Ex-England footballer and BBC pundit Alan Shearer has won £100,000 in a court fight with a financial advisor.’

Full Story

BBC News, 13th December 2019

Source: www.bbc.co.uk

Consumers being badly advised on pensions, says regulator – The Guardian

‘The City watchdog has raised fresh concerns that thousands of consumers are being wrongly advised to cash in their defined benefit pension, putting them at greater risk of financial insecurity in old age.’

Full Story

The Guardian, 19th June 2019

Source: www.theguardian.com

Ex-financial adviser jailed for £740k fraud – BBC News

‘A former financial adviser who conned his clients out of nearly £750,000 has been jailed for more than 10 years.’

Full Story

BBC News, 5th June 2019

Source: www.bbc.co.uk

Barristers can act as deputies, Court of Protection rules – Legal Futures

‘Barristers can act as professional property and affairs deputies for people who lack mental capacity, although it is not seen as a legal service, the Court of Protection has ruled.’

Full Story

Legal Futures, 26th April 2019

Source: www.legalfutures.co.uk

New Acts – legislation.gov.uk

Financial Guidance and Claims Act 2018

Laser Misuse (Vehicles) Act 2018

Source: www.legislation.gov.uk

FCA crackdown on dodgy pensions advice after thousands of people hit by scandal – The Independent

Posted March 27th, 2018 in financial advice, financial regulation, news, pensions by tracey

‘The City watchdog has announced measures to deal with an “erupting pensions mis-selling scandal”, but MPs say the plans do not go far enough to protect people’s savings.’

Full Story

The Independent, 26th March 2018

Source: www.independent.co.uk

MPs call for urgent ban on pensions cold calling – OUT-LAW.com

Posted December 13th, 2017 in bills, financial advice, news, select committees, telecommunications by sally

‘The House of Commons Work & Pensions committee has urged the government to accelerate plans to ban pensions cold calling and provide better guidance to pensioners on their options.’

Full Story

OUT-LAW.com, 12th December 2017

Source: www.out-law.com

When tax advice strays from planning to avoidance and evasion – Hardwicke Chambers

Posted November 23rd, 2017 in financial advice, news, tax avoidance, tax evasion by sally

‘With the tax affairs of so many VIPs once more in the headlines, Andrew Reid and James Hall consider what claims can be brought against the original advisers and what might be done to avoid that happening.’

Full Story

Hardwicke Chambers, 10th November 2017

Source: www.hardwicke.co.uk

Tax scheme negligence claims fail as time limits began to run before a tribunal decision on a similar scheme, says Court – OUT-LAW.com

Posted November 13th, 2017 in charities, financial advice, HM Revenue & Customs, negligence, news, taxation, time limits by tracey

‘Negligence claims against tax advisers who had given assurances about the effectiveness of tax schemes failed because the claims were not brought within the limitation period.’

Full Story

OUT-LAW.com, 10th November 2017

Source: www.out-law.com

A technology top ten for 2017 – Technology Law Update

‘What should we expect in the technology space in 2017?

We take a look at current trends and focus on some of the legal opportunities and pitfalls that they present.’

Full story

Technology Law Update, 6th January 2017

Source: www.technology-law-blog.co.uk

Decades-old legal test not suitable for assessing if investment advice met professional standards, says High Court – OUT-LAW.com

Posted September 21st, 2016 in banking, duty of care, financial advice, financial regulation, insurance, negligence, news by tracey

‘A long-standing legal test, that helps to determine whether professionals meet their duty of care to clients is not appropriate for determining whether UK investment advisers have sufficiently communicated with investors to be said to have provided suitable advice, the UK High Court has said.’

Full story

OUT-LAW.com, 20th September 2016

Source: www.out-law.com

Complaint trends for 2015 – RPC Financial Services Blog

Posted January 8th, 2015 in complaints, financial advice, financial regulation, news, pensions by sally

‘The FOS yesterday published its 2015/16 budget consultation.  In short, we can expect more of the same.’

Full story

RPC Financial Services Blog, 7th January 2015

Source: www.rpc.co.uk

RBS failed in mortgage business basics and is lucky the fine was just £14.5m – The Guardian

Posted August 29th, 2014 in banking, financial advice, financial regulation, fines, mortgages, news by tracey

‘Bank hit with its sixth penalty in four years, showing it is still far from being in proper shape to return to the private sector.’

Full story

The Guardian, 27th August 2014

Source: www.guardian.co.uk

HMRC closing the gap on tax avoidance – RPC Commercial Disputes Blog

Posted August 8th, 2014 in complaints, financial advice, HM Revenue & Customs, news, tax avoidance by sally

‘Anyone who has invested in, promoted, or advised on any form of tax mitigation scheme may be feeling slightly nervous following the latest announcement from HMRC concerning the on-going saga of tax avoidance. And understandably so.’

Full story

RPC Commercial Disputes Blog, 7th August 2014

Source: www.rpc.co.uk

Fiduciary Duties of Investment Intermediaries – Law Commission

Posted July 4th, 2014 in fiduciary duty, financial advice, news by tracey

‘Report responding to concerns raised in the 2012 Kay Review that uncertainty about their legal duties leads investors to focus on short-term movements in share price rather than making long-term investment decisions based on the fundamental value of a company.’

Full report

Law Commission, 1st July 2014

Source: www.justice.gov.uk/lawcommission