A Practical Guide To Financial Services Claims

This practical guide discusses the specific intersection of the laws of tort and contract with financial services and where this gives rise to claims against financial institutions and professionals.

This book cuts a path through the rules of the Financial Ombudsman Service with practical guidance to the law and procedure of FOS complaints. An indispensable guide for lawyers navigating such complaints, and for those who wish to challenge FOS decisions. It also addresses the difficult area of how FOS complaints interact with Court procedures.

Written in an accessible style from a consumer perspective and blends academic research with professional insights. Deals with all essential aspects of financial services that affect consumers and how they can exploit opportunities. Each of the chapters contain a list of learning objectives; a range of scenarios, case studies, examples and articles to provide a “real world” context to the discussion; a key points summary with referencing and further reading and useful on-line resources, as well as, a selection of short self-review questions. Enables readers to understand how the operations, complexity and dynamism of an ever-changing financial services industry shape the financial opportunities and risks they face.

This new work offers a clear and concise analysis of the law relating to the mis-selling of regulated financial services products. The introductory chapters cover the history of mis-selling, from their origins at common law to the modern regulated environment. It also addresses important practical points for those pleading and defending financial mis-selling claims, focussing on the various causes of action and limitation periods. It provides an overview of the UK and European regulatory framework governing the sale of financial products and considers in detail five key product types: credit, mortgages, interest rate hedging products, insurance, and collective investment schemes. Each chapter looks at the sector-specific issues and the various mis-selling ‘scandals’ of the last decade and the case-law that emerged from them.

Are you fully prepared for the implementation of the Senior Managers and Certification Regime across financial services firms and the related regulatory scrutiny on conduct and accountability? The 2008 financial crisis sparked major changes in global financial services regulation with attention and resources focused on the behaviour of firms and senior individuals and how they conduct their business. Regulatory reforms have been designed and implemented globally to address accountability and conduct in financial services. In the UK this has resulted in the Senior Managers and Certification Regime (SM&CR) being implemented across all FSMA-regulated firms. Conduct and Accountability in Financial Services: A Practical Guide provides comprehensive and expert guidance on how best to implement and comply with the SM&CR. In addition to acting as a guide to rule book requirements and regulatory expectations, it provides an in-depth look at the implications of the global focus on culture and conduct risk. A must-read text for all staff in UK financial services firms, professional associations, industry bodies, regulators, academics and advisers to financial services organisations, it covers: The context and regulatory basis for SM&CR including an overview of the development and roll-out of the regime Analysis of key changes from the previous 'approved person' approach Practical considerations for HR, internal audit and non-executive directors The increasing role of culture and conduct risk A practical overview of enforcement, penalties and learning lessons from enforcement actions Overarching principles of how to manage personal regulatory risk Regulatory relationship management The impact of technology An overview of related global developments Appendices with timeline, bibliography and a selection of other useful sources for senior managers Conduct and Accountability in Financial Services: A Practical Guide is on the syllabus reading list for the Regulation and Compliance exam offered by the Chartered Institute of Securities and Investments.

Financial services are an ever increasing part of the infrastructure of everyday life. From banking to credit, insurance to investment and mortgages to advice, we all consume financial services, and many millions globally work in the sector. Moreover, the way we consume them is changing with the growing dominance of fintech and Big Data. Yet, the part of financial services that we engage with as consumers is just the tip of a vast network of markets, institutions and regulators – and fraudsters too. Many books about financial services are designed to serve corporate finance education, focusing on capital structures, maximising shareholder value, regulatory compliance and other business-oriented topics. A Practical Guide to Financial Services: Knowledge, Opportunities and Inclusion is different: it swings the perspective towards the end-user, the customer, the essential but often overlooked participant without whom retail financial services markets would not exist. While still introducing all the key areas of financial services, it explores how the sector serves or sometimes fails to serve consumers, why consumers need protection in some areas and what form that protection takes, and how consumers can best navigate the risks and uncertainties that are inherent in financial products and services. For consumers, a greater understanding of how the financial system works is a prerequisite of ensuring that the system works for their benefit. For students of financial services – those aspiring to or those already working in the sector – understanding the consumer perspective is an essential part of becoming an effective, holistically informed and ethical member of the financial services community. A Practical Guide to Financial Services: Knowledge, Opportunities and Inclusion will equip you for both these roles. The editors and authors of A Practical Guide to Financial Services: Knowledge, Opportunities and Inclusion combine a wealth of financial services, educational and consumer-oriented practitioner experience.

"This practical guide on the management of financial risk is an essential reference source for a wide range of professionals in fields related to financial services. The book adopts a highly practical approach and helps the reader to understand the main classes of risk affecting a financial institution and how they are managed. The clear layout encourages the reader to dip in to the book for guidance on particular subject areas, making this title an essential guide on the subject."