Mis-Selling Financial Services
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Mis-Selling Financial Services

9781788117661 Edward Elgar Publishing
Jonathan Kirk KC, Barrister, Gough Square Chambers, Thomas Samuels, Barrister, Henderson Chambers, Lee Finch, Barrister, Gough Square Chambers, London, UK
Publication Date: 2019 ISBN: 978 1 78811 766 1 Extent: 360 pp
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.

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The products that are most often the subject of mis-selling claims are usually both complex and esoteric in nature. This complexity is reflected in the law, regulation and case law that applies. Nowhere is this more true than in the heavily regulated financial services sector. This accessible book is designed to provide a clear and practical guide to claims involving the mis-selling of financial products.

Key features include:

• Clear and concise analysis on the law relating to the mis-selling of regulated financial services products

• Overview of the UK and European regulatory framework governing the sale of financial products, with particular focus on five key product types: credit, mortgages, interest rate hedging products, insurance and collective investment schemes

• Practical information on pleading, and defending claims of mis-selling including the various causes of action and limitation periods

• Summary of case law which has emerged from sector-specific issues and mis-selling ‘scandals’.

Providing a practical grounding to the topics at hand, this book will be of use to practising lawyers and in-house counsel working within the financial services industry. Academics who are researching within the fields of financial services law or consumer protection will also find this to be an informative text.
Contents
Contents: 1. Introduction 2. Mis-Selling Claims 3. Credit 4. Mortgages 5. Insurance 6. Interest Rate Hedging Products 7. Collective Investment Schemes Index


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