“An important function for regulators of the professions is to ensure that the ‘wrong’ people do not tarnish the reputation and standing of their peers. In this paper, I shall discuss some recent examples of professional misconduct, and identify some common threads between different regulatory regimes”
Full story (PDF)
11 KBW, 31st October 2012
Source: www.11kbw.com
“A woman who lost everything after investing in the Spanish property market has won a landmark legal ruling that could now benefit many others given bad financial advice.”
Daily Telegraph, 11th October 2012
Source: www.telegraph.co.uk
“In its recent judgment in Thinc Group-v-Armstrong [2012] EWCA Civ 1227, the CA has upheld a rare victory for that endangered species beloved of Lord Denning – the Collateral Warranty.”
Employment Law Blog, 3rd October 2012
Source: www.employment11kbw.com
“New rules abolishing the payment of commission on pensions and investments have not yet come into force, but financial advisers and product providers have already found ways to get around the ban, according to the Financial Services Authority (FSA).”
The Guardian, 1st October 2012
Source: www.guardian.co.uk
“Not living full-time in your home can invalidate your insurance, as one couple found out when fire devastated their property during renovation work.”
BBC News, 2nd September 2012
Source: www.bbc.co.uk
“The government is promising to name and shame wealthy people who use ‘aggressive’ tax avoidance schemes.”
BBC News, 23rd July 2012
Source: www.bbc.co.uk
“Banks faced fresh criticism about their treatment of customers on Friday after the Financial Services Authority said the big four high street banks – Barclays, RBS, Lloyds and HSBC – might need to compensate small business customers.”
The Guardian, 29th June 2012
Source: www.guardian.co.uk
“Two financial advisers who conned investors out of £3m in a property scam which they lost gambling have been ordered to pay back just £1 each.”
BBC News, 24th March 2012
Source: www.bbc.co.uk
“Price comparison sites may be in breach of financial advice regulations when they lead customers to insurance policies, regulator the Financial Services Authority (FSA) has said.”
OUT-LAW.com, 16th June 2011
Source: www.out-law.com
“Thousands of people investing their retirement savings were given poor advice by Barclays, which must now pay millions of pounds in compensation.”
BBC News, 18th January 2011
Source: www.bbc.co.uk
“The right to keep correspondence and documents relating to legal advice secret does not exist when the person giving the advice is an accountant, the Court of Appeal has ruled.”
OUT-LAW.com, 18th October 2010
Source: www.out-law.com
“Legal advice privilege applied only to advice given by a member of the legal profession.”
WLR Daily, 13th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The Court of Appeal today unanimously confirmed that legal professional privilege (LPP) only applies to qualified lawyers – solicitors and barristers. The decision was welcomed by the Law Society as giving certainty to solicitors and their clients.”
Law Society’s Gazette, 14th October 2010
Source: www.lawgazette.co.uk
“The Financial Services Authority’s proposed new rules for the retail investment industry will impose a complete ban on commission-based sales and require firms to tell customers from the outset whether or not their advice is independent and how much it will cost.”
OUT-LAW.com, 30th June 2009
Source: www.out-law.com
“The City watchdog has banned a record number of firms that sell mortgages, pensions, investments and insurance.”
The Times, 14th April 2009
Source: www.timesonline.co.uk
“The first person to be prosecuted by the Financial Services Authority (FSA) over falsifying an application for authorisation to sell financial products has been given a suspended sentence.”
The Times, 18th November 2008
Source: www.timesonline.co.uk
“Stan Collymore today won more than £1.5 million in damages from financial advisers who invested money he made from his footballing career.”
The Independent, 20th October 2008
Source: www.independent.co.uk
Shore v Sedgwick Financial Services Ltd and Another
Court of Appeal
“If a client, on the advice of a financial expert, transferred his pension investment from one old safe pension scheme to a new risky pension scheme, in which the value of his investment went down, the client’s right to sue the adviser in negligence accrued when the transfer was made; it was not contingent upon the occurrence of loss.”
The Times, 12th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Shore v Sedgwick Financial Services Ltd and another [2008] EWCA Civ 863; [2008] WLR (D) 255
“Where a client, on the advice of a financial adviser, shifted his pension investment from a relatively safe occupational final salary pension scheme to a new more risky personal pension income withdrawal scheme, which later suffered in value owing to falling annuity rates, the client’s right to sue the adviser in negligence accrued on the date when the transfer was made and was not contingent upon the subsequent occurrence of loss in value or his even later discovery of such loss.”
WLR Daily, 25th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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