McMeel Gerald: Financial Advice and Financial Products: Law and Liability
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Жанр : Oxford University Press
Издательство : Oxford University Press
Год издания : 2007
Аннотация:
- Unique professional negligence focus within financial services — Considers all types of claims against financial services providers from those under FMSA to the more traditional contract and tort cases — Regular updates (one in the first year, two thereafter) ensuring readers are kept up-to-date with the latest developments — Includes legislation from FSMA 2000, secondary legislation from RAO and FPO, handbook rules from COB, ICOB, MCOB New to this edition — Now in loose-leaf format — New chapters on conduct of business rules on mortgages (MCOB) and insurance (ICOB) — Changes to financial promotion regime The new edition of Financial Advice and Financial Products now 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 new 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 new chapters dedicated to the FSA's extension in regulatory powers to include the conduct of mortgage business (MCOB) and general insurance business (ICOB), written by experts from Burges-Salmon Solicitors. In addition, the authors look at the FSA's increasing focus on financial promotion, together with the new 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 continuing 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 two regular updates per year, this looseleaf volume is an invaluable source of reference to all those in the field of financial services.