McMeel and Virgo On Financial Advice and Financial Products

Third Edition

Edited by Gerard McMeel and John Virgo

The only book to focus on the retail dimension of financial services law, by examining the complex legal regime governing sales and advice of all financial products (investments, insurance, mortgages, banking) to individuals and businesses
Provides full coverage of the Financial Services Act 2012, and the introduction of "twin peaks " regulation, and considers the impact of the Financial Services (Banking Reform) Act 2013
Examines the more product-focussed approach of the Financial Conduct Authority (FCA) including product interventions, such as the restrictions on the marketing of Unregulated Collective Investment Schemes (UCIS)
Explains the role of the FCA including the transfer of the consumer credit regime from the Office of Fair Trading to the FCA
Analyses and explains the large number of cases on retail investment and financial services in the wake of the 2007-8 financial crisis, including Rubenstein v HSBC Bank Plc, Zaki v Credit Suisse (UK) Ltd, Grant Estates Ltd v Royal Bank of Scotland and Green and Rowley v Royal Bank of Scotland.
Considers all types of claims against financial services providers including both statutory claims under FSMA and claims in contract, tort and equity
Covers the recent wave of product mis-selling, including payment protection insurance (PPI), Unregulated Collective Investment Schemes (UCIS) and interest rate hedging products (IHRP)

New to this Edition:

Full coverage of the new regulatory regime under the Financial Services Act 2012
New chapter on the transfer of responsibility of consumer credit to the FCA and coverage of the Mortgage Market Review
Considers the impact of the Retail Distribution Review and the ban on commission-driven sales
Coverage of the Alternative Investment Fund Managers Directive 2013, as implemented by Alternative Investment Fund Managers Regulations 2013, and the Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013 (the "ACS Regulations

McMeel and Virgo On Financial Advice and Financial Products

Third Edition

Edited by Gerard McMeel and John Virgo

Description

Now in hardback, this comprehensive work covers the legal and regulatory environment in which claims concerning sales of and advice on financial products for individuals and businesses are brought and defended.

Fully updated to explain the impact of the twin peaks regulation under the Financial Services Act 2012, the book analyses the role of the Financial Conduct Authority and considers its activities to date. The book covers both statutory claims and traditional 'professional negligence' claims based on contract and tort against financial advisers, brokers, other intermediaries and product providers.

Also included in this third edition is a new chapter on consumer credit, considering the transfer of responsibility for the consumer credit regime from the Office of Fair Trading to the Financial Conduct Authority.

This is the leading work on professional negligence in the financial services field and is an essential reference tool for all those who advise on bringing or defending such claims.

McMeel and Virgo On Financial Advice and Financial Products

Third Edition

Edited by Gerard McMeel and John Virgo

PART I: The Industry and Regulatory Context
1.:The Legal and Regulatory Framework
2.:The UK Regulatory Framework
PART II: Causes of Action
3.:Unregulated Financial Services and the Impact on Transactions
4.:Breach of Statutory Duty
5.:Claims in Contract
6.:Misrepresentation and Duties of Disclosure
7.:Negligence
8.:Equitable Claims: Fiduciary Obligations, Undue Influence, and Unconscionability
PART III: Intermediaries and Financial Promotion
9.:Intermediaries
10.:Financial Promotion
PART IV: Standards of Conduct
11.:Standards of Conduct: Overview
12.:Standards of Conduct for Investment Advice, Stockbroking, and Portfolio Management ('COBS')
13.:Regulated Collective Investment Schemes
14.:Standards of Conduct in General Insurance Business
15.:Standards of Conduct in Mortgage Lending and Advising
PART V: Deposit-Taking and Consumer Credit Conduct of Business
16.:Conduct of Business for Banks, Other Deposit-Takers and Payment Services Providers
17.:Regulation of Consumer Credit Business by the Financial Conduct Authority
PART VI: Remedies
18.:Remedies
19.:Accessing Compensation: The Framework
PART VII: Bringing and Defending Claims
20.:Proving Liability and Loss: Use of Experts
21.:Claims Investigation and Presentation
22.:Defending Claims
23.:Defences
PART VIII: Financial Services and Solicitors
24.:Financial Services and Solicitors