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Professional negligence blog
Financial Ombudsman Service v Common Law
30 Oct, 2019
One of the defining features of the legal system of England and Wales is the doctrine of precedent. This principle requires judges to follow the judgments of judges in higher...
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Professional negligence blog
A Regulatory Scare for Consumer Duty of Care?
16 May, 2019
In July 2018 The Financial Conduct Authority (FCA) published a discussion paper where they made it abundantly clear; they will seriously consider the implementation of a new duty...
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Professional negligence blog
Timing is everything
9 Aug, 2018
With any professional negligence claim the first step is establishing that you have enough time left on the clock to bring the claim; you can have a strong claim, and tick every...
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Professional negligence blog
A simple conveyancing transaction or something far more complex and dangerous?
28 Jun, 2018
The internet is awash with apparently fantastic and unusual property investments. Who wouldn’t jump at the chance to purchase a fraction of 999 year lease of an off plan plush...
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Professional negligence blog
SIPPs are so 2014, what you need is a QROPS…
13 Apr, 2018
By some considered unexciting, the world of pensions has been commanding attention as scammers continue to plague the industry, misleading savers and leaving people with little or...
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Professional negligence blog
Don’t blame me, I only sold the packaging…I’m not responsible for what’s inside.
11 Apr, 2018
Pension transfer advice must be provided by a financial adviser with the appropriate FCA permissions. In certain instances, financial advisers have been prepared to advise a client...
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Professional negligence blog
Advice or guidance? It's all the same isn’t it?
9 Apr, 2018
Deciding how, where and when to invest money (or an asset such as a pension) is complicated, especially for those not immersed in the financial services industry. There are myriad...
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Professional negligence blog
Cyber fraud – beware of lazy Friday afternoons!
6 Mar, 2018
Cyber fraud in conveyancing transactions comprised 75% of cybercrime reported to the Solicitors Regulation Authority (SRA) in 2016. This type of cyber crime has been named...
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Professional negligence blog
FCA concerns over lifeboat fund’s messaging and pension compensation
17 Jan, 2018
The Financial Services Compensation Scheme (FSCS) provides compensation when certain financial products fail or default. Some pensions are protected by the FSCS, including...
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Professional negligence blog
Ombudsman relieves WASPI group feeling stung by complaint backlog
10 Jan, 2018
Equality is easier said than done. An example of this is Women Against State Pension Inequality (“WASPI”); a group concerned that, due to changing timelines and ineffective...
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Professional negligence blog
Let me introduce you to this investment, I mean to this financial advisor. When does an introducer become an advisor?
8 Jan, 2018
There is a misconception in the financial services sector that introducer firms escape the need for regulation. The reality is that it is difficult for introducers not to stray...
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Professional negligence blog
No pension transfer, no fee – a bargain or an expensive mistake for British Steel members?
19 Dec, 2017
The recent experience of some members of the British Steel Pension Scheme (BSPS) is a warning for anyone contemplating transferring out of a final salary scheme. The BSPS separated...
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Professional negligence blog
You’ve been served! Or have you? An analysis of how the courts deal with the failure to serve a claim form in the prescribed way
13 Nov, 2017
The recent decision in Barton v Wright Hassall LLP [2016] EWCA Civ 177 provides a cautionary tale, emphasising the importance of complying with the Civil Procedure Rules (CPR) when...
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Professional negligence blog
Hollywood’s failed Eclipse and its £100million lawsuit
13 Nov, 2017
As the news brims with tales which could be lifted from a blockbuster film; the old adage ‘all publicity is good publicity’ is being reconsidered. A recent bump on the rocky...
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Professional negligence blog
FSCS pays out over £100 million to victims of unsuitable SIPP investments
21 Jul, 2017
Over the last year the Financial Services Compensation Scheme (FSCS) has paid more than £105m in self-invested personal pension (SIPP) claims in 2016/17 – an increase of 35% on...
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Professional negligence blog
Alan Shearer resolves dispute with his Financial Adviser
21 Jun, 2017
Alan Shearer famously donned the striped shirt of Newcastle United. It appears, however that when it came to his pension, things were far from black and white. Earlier this week...
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Professional negligence blog
What’s in my Pension? - The role of DFMs in pension fraud
20 Jun, 2017
Customers who have their pension funds held under management with Strand Capital Limited will be understandably concerned at the recent collapse of the discretionary fund manager...
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Professional negligence blog
FOS report an 34% increase in SIPP/SSAS Complaints in 2016/2017
19 Jun, 2017
The Financial Ombudsman Service (FOS) has reported it handled 5,160 pension complaints in 2016/2015 which represents a 15% increase from the previous year. The biggest rise was in...
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Professional negligence blog
Tax mitigation schemes – Beware of time limits
15 Jun, 2017
The recent decision in Halsall & Ors v Champion Consulting Ltd & Ors (Rev 1) [2017] EWHC 1079 (QB) (19 May 2017) makes interesting reading on a variety of issues.  ...
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Professional negligence blog
FCA seize over £2M from fraudsters – Involved in land banking investment fraud
12 Jun, 2017
In May 2017, FCA succeeded in securing confiscation orders in respect of the last 2 perpetrators of a multi-million pound land investment fraud. A total of £2,195,496 will be...
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