News and Resources

Berkeley Burke SIPP v FOS: High Court rejects challenge to FOS decision on SIPP mis-selling

8 / 11 / 2018

Susanne Muth considers the implications of the High Court’s recent rejection of a SIPP operator’s challenge to a FOS’s decision upholding a customer’s complaint about a mis-sold SIPP investment. The ruling is likely to result in a sharp increase in SIPP mis-selling complaints to the FOS.

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SIPP Mis-selling: Unmasking a Flawed Business Model

20 / 9 / 2018

Susanne Muth considers the Upper Tribunal (Tax and Chancery Chambers) decision in Burns v the Financial Conduct Authority [2018] UKUT 246 (TCC), in which the Tribunal endorsed the FCA’s assessment that the business model operated by the TailorMade brand (and substantially replicated by many other IFA firms) was fundamentally flawed.

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SMEs and Banks: Balancing the Scales

17 / 9 / 2018

David McIlroy considers the implications of the FCA’s announcement that it does not have the power to take action against the Royal Bank of Scotland (RBS) for the failures of its Global Restructuring Group (GRG) department. He analyses potential reforms to the law that could give additional protections to small businesses in their dealings with banks.

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FCA Validation Orders and Consumer Detriment

14 / 9 / 2018

Susanne Muth considers the Upper Tribunal (Tax and Chancery Chambers) decision in Plaxedes Chickombe and 44 others v Financial Conduct Authority [2018] UKUT 258 (TCC).

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FCA Acknowledges Widespread Adviser Failings in Pension Transfer Business

2 / 11 / 2017

Susanne Muth considers the FCA’s recent update on systemic failings in the provision of advice on pension transfers.

The update focuses in particular on the advice (or lack thereof) being given on transfers from defined benefits schemes to defined contributions personal pension schemes.

If you think you have lost out as a result of unsuitable pension transfer advice, we are able to advise you on your claim and on the best route to compensation.

Contact us for assistance.

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Holmcroft Properties

2 / 6 / 2016

It is a virtue of English contract law that in litigation it produces outcomes in line with commercial expectations. For this reason, Lloyd Maynard considers dissatisfied customers within the FCA Redress Scheme are unlikely to have a claim for breach of contract. Find out why, as Lloyd addresses Mitting J’s hypothetical question raised in the recent Holmcroft Properties judicial review hearing.

This article has been published in the June 2016 edition of the Journal of International Banking and Finance Law ((2016) 6 JIBFL 356). An earlier version of the article can be found here.

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“The Law & Practice of True Sales” reviewed by Darragh Connell

2 / 4 / 2016

Darragh Connell’s review of “The Law & Practice of True Sales” (1st Ed.) has been published in the April 2016 edition of the Journal of International Banking and Financial Law ((2016) 4 JIBFL 241). The book is written by Nicholas Grandage and Daniel Franks, partners at Norton Rose Fulbright LLP. It considers the relevant English law regarding the recharacterisation of a sales transaction as something other than an outright transfer such as the creation of a mere security interest.

A copy of Darragh’s review is available here. The book itself can be bought here via Lexis Nexis.

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Swaps after Holmcroft and CGL

5 / 3 / 2016

We discuss the impact of two recent High Court decisions that dealt a blow to claimants wanting to allege that the FCA’s interest rate swap Redress Scheme produced the wrong result.

We also look at what options companies may still have to complain about the outcome of the Redress Scheme.

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The Financial List

5 / 10 / 2015

A new specialist list in the Commercial Court and Chancery Division has been set up to deal with complex and high-value financial disputes. A pilot scheme for determining hypothetical issues in financial disputes has also been established.

Read more about the operation of the list and the pilot scheme by downloading the publication.

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David McIlroy reflects on the implications of the latest cases

5 / 5 / 2015

David McIlroy reflects on the implications of the latest cases and the future of financial services litigation.

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