"MIS-SELLING CLAIMS" [2019] ELECD 656; in Kirk, Jonathan; Samuels, Thomas; Finch, Lee (eds), "Mis-Selling Financial Services" (Edward Elgar Publishing, 2019) 13

Book Title: Mis-Selling Financial Services

Editor(s): Kirk, Jonathan; Samuels, Thomas; Finch, Lee

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: MIS-SELLING CLAIMS

Number of pages: 46

Abstract/Description:

This chapter sets out the types of claims that may be brought in relation to financial products that have been mis-sold. These include claims for breach of statutory duty under s.138D of FSMA, general claims in common law negligence and other regulatory claims such as unfair relationships or breaches of the general prohibition. The chapter analyses the ingredients necessary to prove a mis-selling claim and the potential difficulties presented by issues such as causation and limitation. Alternatives to court litigation are also considered in the form of the FCA’s DISP rules and Financial Ombudsman Scheme.