Signing on Payments, Termination Without Cause and Repayment Conditions: a rare victory for the Collateral Warranty – Employment Law Blog

Posted October 3rd, 2012 in contracts, financial advice, news, warranties by sally

“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.”

Full story

Employment Law Blog, 3rd October 2012

Source: www.employment11kbw.com

Rules governing transparent financial advice already being bent, says FSA – The Guardian

“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).”

Full story

The Guardian, 1st October 2012

Source: www.guardian.co.uk

House fire couple’s insurance battle over ‘occupancy’ – BBC News

Posted September 3rd, 2012 in complaints, financial advice, financial services ombudsman, fire, insurance, news by tracey

“Not living full-time in your home can invalidate your insurance, as one couple found out when fire devastated their property during renovation work.”

Full story

BBC News, 2nd September 2012

Source: www.bbc.co.uk

Government to ‘name and shame’ wealthy tax avoiders – BBC News

Posted July 23rd, 2012 in disclosure, financial advice, fines, news, tax avoidance by tracey

“The government is promising to name and shame wealthy people who use ‘aggressive’ tax avoidance schemes.”

Full story

BBC News, 23rd July 2012

Source: www.bbc.co.uk

High street banks agree to payouts for mis-selling financial products – The Guardian

“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.”

Full story

The Guardian, 29th June 2012

Source: www.guardian.co.uk

Financial adviser fraudsters told to pay back £1 each – BBC News

Posted March 26th, 2012 in assets recovery, financial advice, fraud, mortgages, news by sally

“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.”

Full story

BBC News, 24th March 2012

Source: www.bbc.co.uk

Price comparison sites may be breaking financial advice regulations, says FSA – OUT-LAW.com

Posted June 17th, 2011 in consumer protection, financial advice, insurance, internet, news by sally

“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.”

Full story

OUT-LAW.com, 16th June 2011

Source: www.out-law.com

Pitt and another v Holt and another; Futter and another v Futter and Others – WLR Daily

Posted March 14th, 2011 in financial advice, law reports, taxation, trusts by sally
“Where trustees, acting within their powers, carried out a transaction which was said to be vitiated by breach of trust on the ground that the trustees failed to have regard to a relevant matter, and where the reason that they did not have regard to it was that they had obtained and acted on advice from apparently competent advisers which turned out to be incorrect, then the charge of breach of trust could not be made out and the transaction was not voidable.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Barclays’ £60m compensation bill – BBC News

Posted January 21st, 2011 in compensation, financial advice, news by sally

“Thousands of people investing their retirement savings were given poor advice by Barclays, which must now pay millions of pounds in compensation.”

Full story

BBC News, 18th January 2011

Source: www.bbc.co.uk

Legal privilege should not extend to accountants, rules Court of Appeal – OUT-LAW.com

Posted October 18th, 2010 in financial advice, news, privilege by sally

“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.”

Full story

OUT-LAW.com, 18th October 2010

Source: www.out-law.com

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) – WLR Daily

Posted October 14th, 2010 in disclosure, financial advice, law reports, legal profession, privilege by sally

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) [2010] EWCACiv 1094; [2010] WLR (D) 251

“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.

Court of Appeal confirms limits to legal professional privilege – Law Society’s Gazette

Posted October 14th, 2010 in disclosure, financial advice, legal profession, news, privilege by sally

“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.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

Retail investment reforms are a call to action for the industry, says FSA – OUT-LAW.com

Posted July 1st, 2009 in consumer protection, financial advice, news by sally

“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.”

Full story

OUT-LAW.com, 30th June 2009

Source: www.out-law.com

Financial Services Authority shuts record number of rogue advisers – The Times

Posted April 15th, 2009 in financial advice, financial regulation, news by sally

“The City watchdog has banned a record number of firms that sell mortgages, pensions, investments and insurance.”

Full story

The Times, 14th April 2009

Source: www.timesonline.co.uk

Broker escapes jail over forged FSA applications – The Times

Posted November 18th, 2008 in financial advice, financial regulation, forgery, news, prosecutions by sally

“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.”

Full story

The Times, 18th November 2008

Source: www.timesonline.co.uk

Collymore wins damages over financial advice – The Independent

Posted October 20th, 2008 in damages, financial advice, negligence, news by sally

“Stan Collymore today won more than £1.5 million in damages from financial advisers who invested money he made from his footballing career.”

Full story

The Independent, 20th October 2008

Source: www.independent.co.uk

Shore v Sedgwick Financial Services Ltd and Another – Times Law Reports

Posted August 12th, 2008 in financial advice, law reports, negligence, pensions by sally

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 – WLR Daily

Posted July 28th, 2008 in financial advice, law reports, negligence, pensions by sally

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.