McMeel and Virgo on Financial Advice and Financial Products
Law and Liability
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 8 February 2007
- Number of Volumes Looseleaf
- ISBN 9780199299065
- Binding Looseleaf
- No. of pages1458 pages
- Size 246x171 mm
- Language 0
Categories
Short description:
This comprehensive guide covers the legal and regulatory environment in which claims arising in the financial services context are brought and defended. With (approximately) two annual updates this loose-leaf is an invaluable source of reference to those in the field of financial services.
MoreLong description:
The second edition of Financial Advice and Financial Products comes as a looseleaf service. This comprehensive guide covers the legal and regulatory environment in which claims arising in the financial services context are brought and defended. Since 2001 legislative activity in the field of financial regulation has grown considerably and the rate of development in regulation and case law shows no sign of slowing.
This exciting looseleaf text considers the applicable regime including the regulatory framework and statutory claims under the Financial Services and Markets Act 2000, together with traditional 'professional negligence' claims based on contract and tort against financial advisers, brokers, other intermediaries and product providers. There are now two chapters dedicated to the FSA's extension in regulatory powers to include the conduct of mortgage business (MCOB) and of general insurance
business (ICOBS) written by experts from Burges Salmon LLP.
In addition, the authors look at the FSA's increasing focus on financial promotion, together with the Financial Promotion Order 2005 and updated FSA guidance. The text incorporates recent case law (such as Beary v Pall Mall Investments, Seymour v Caroline Ockwell & Co) and the impact of more recent financial scandals, including the fall-out of Equitable Life's collapse, endowment mortgage complaints and 'precipice bonds' or SCARPS. Development in the case law on limitation and causation,
and the approach of the Financial Ombudsman Service (FOS) to cases within its jurisdiction are also considered.
Accompanied by (approximately) two updates per year, this looseleaf is an invaluable source of reference to all those in the field of financial services.
Table of Contents:
PART I: The Industry and Regulatory Context
Introduction
The Financial Services Industry and Financial Products
The Wider European Framework of Financial Services
The Regulatory Framework
PART II: Causes of Action
The Integrity of Transactions
Breach of Statutory Duty
Claims in Contract
Misrepresentation and Duties of Disclosure
Negligence
Equitable Claims: Fiduciary Obligations, Undue Influence, and Unconscionability
PART III: Intermediaries
Intermediaries
PART IV: Financial Promotion
Financial Promotion
PART V: Standards of Conduct
Standards of Conduct: Overview
PART VI: COBS: Investment Conduct of Business
Standards of Conduct for Investment Advice, Stockbroking, and Portfolio Management ('COBS')
Regulated Collective Investment Schemes
PART VII: ICOBS: Insurance Conduct of Business
Standards of Conduct in General Insurance Business
PART VIII: MCOB: Mortgage and Home Finance Conduct of Business
Standards of Conduct in Mortgage Lending and Advising
PART IX: Deposit-Taking Conduct of Business
Conduct of Business for Banks and Building Societies
PART X: Remedies
Remedies
Accessing Compensation: The Framework
PART XI: Bringing and Defending Claims
Proving Liability and Loss: Use of Experts
Claims Investigation and Presentation
Defending Claims
Defences
PART XII: Financial Services and Solicitors
Financial Services and Solicitors
MATERIALS
Part I - Legislation
Part II - Statements of Case
