Squire Patton Boggs

Subscribe to all posts by Squire Patton Boggs

FCA updates on BI insurance test case

Last month we reported on the FCA’s plans for the future progress of its Financial Markets Test Case, a case that is intended to try and help resolve some of the legal uncertainties around business interruption (“BI”) insurance policy coverage and how various BI policies respond to COVID-19 related claims by insureds. Earlier this week, the … Continue Reading

Relief for SIPP providers as Court hands down long awaited judgment in Carey Pensions case

Yesterday, the Court finally gave judgement in Russell Adams v Options SIPP UK LLP, a significant test case on the potential liability of an execution only SIPP provider to an investor whose underlying investment in the SIPP had incurred significant losses. In a 99 page judgment, His Honour Judge Dight decided that the Defendant was … Continue Reading

Bad Behaviour = Bad for Jobs: Cabinet Office publishes guidance for responsible contractual behaviour during COVID-19

The Cabinet Office has published guidance for contractual parties on what it deems responsible behaviour during COVID-19. The motive being to encourage parties to support the response to the pandemic and protect jobs and the economy, noting that, “bad behaviour will be bad for jobs and will impair our economic recovery.”… Continue Reading

Are internal regulatory compliance reviews relevant to bank misselling claims? Yes, says High Court in first virtual hearing after lockdown

Fine Care Homes Ltd v NatWest Markets plc [2020] EWHC 874 (Ch) concerns a claim for negligence and misrepresentation based on the alleged mis-selling of an interest rate hedging product. The Court recently granted, in part, Fine Care Homes Ltd’s (“Fine Care“) application for specific disclosure against NatWest.… Continue Reading

Update on FCA’s Court Action on Business Interruption Insurance Cover

On 1 May 2020, we reported on the Financial Conduct Authority (“FCA”) plans to take Court action seeking a declaration on an urgent basis to try and help resolve some of the ongoing uncertainties around the much-publicised issue of business interruption (“BI”) insurance coverage and how the insurance responds to COVID-19 related claims by insureds … Continue Reading

FCA to take Court action on business interruption insurance and proposes measures to help consumers and small businesses with insurance products

Earlier today, the FCA announced that it will ask the Court for a declaration on an urgent basis to try to help resolve the ongoing uncertainties around the much publicised issue of business interruption (“BI”) insurance coverage that we have written about in the past few weeks.… Continue Reading

Cheque please: Law firm sues Barclays over £2.2million PPI cheque bounce back

Payment protection insurance (“PPI“) litigation rumbles on in the continuing matter of Ingenious Legal Ltd v Barclays Bank PLC in the High Court. Manchester-based law firm, Ingenious Legal Ltd (“Ingenious“), which acts for customers in consumer credit cases, is suing Barclays Bank PLC (“Barclays“) for £2.2 million. This is after Barclays cancelled a cheque to … Continue Reading

FCA sounds warning to financial advisers on professional indemnity insurance amidst COVID-19 pandemic

The Financial Conduct Authority (“FCA”) requires all regulated firms to take out and maintain professional indemnity insurance (“PII”) to cover the financial losses that may be suffered as a result of customer claims and complaints against the firm. The FCA also mandates limits of indemnity for the PII.… Continue Reading

FCA publishes business plan for 2020/21

The FCA yesterday set out its business priorities for the years ahead, focussing in part on the unique challenges presented to the financial services industry by the Covid 19 pandemic. In this blog we look at three issues that the FCA’s Business Plan for 2020/21 pays special attention to, the regulatory response to the Covid-19 … Continue Reading

Not a risk worth taking – FCA fines and bans pensions’ advisor

Earlier this month, the FCA fined a former advisory firm director £23,400 for overseeing the transfer of £112m of pension retirement funds in to risky investments. The FCA is concerned about unsuitable advice around pensions’ transfers and this latest action sends another strong regulatory message to the market about the FCA’s “get tough” approach towards … Continue Reading

COVID-19 hits UK Ombudsman services

The Pensions Ombudsman (“PO”), the independent body that investigates complaints about pensions’ administration, has announced that it will not be able to process any new complaints for the foreseeable future. The COVID – 19 lockdown has meant that the PO can no longer collect or deal with post, although phone lines remain open between 10.00 … Continue Reading
LexBlog