Abstract of glass image of RPC building.

Professional & Financial Risks

Publication

Asset management market study update

Published on 10 April 2018. By James Kaufmann, Legal Director and William L. Jones, Senior Associate

Purple tint 3

The FCA has published proposals to address concerns identified in its asset management market study

Read more
Publication

Enhancing the cross-border distribution of collective investment funds

Published on 16 March 2018. By William L. Jones, Senior Associate

Gray tint 1

The European Commission has published a draft Regulation and Directive on the cross-border distribution of investment funds. The aim is to establish a genuine internal capital market by addressing fragmentation and removing regulatory barriers (namely Member States’ marketing requirements, regulatory fees and notification and administrative requirements), which can all prevent the cross-border distribution of investment funds in the European Union.

Read more
Blog

Frederick & Others v Positive Solutions Limited – a win for principals on vicarious liability

Published on 14 March 2018. By David Allinson, Senior Associate and Lucy Joyce, Associate

Green tint 2

The Court of Appeal has reinforced the idea that liability will only attach to a principal in cases where a tort committed by an agent can be shown to have been completed as an integral part of the business activities of the principal. Furthermore, all elements composing the tort must take place within the course of the agency. The case thickens the lines defining what conduct of an agent could lead to recovery from the principal.

Read more
Blog

Bad news for litigants in person?

Published on 21 February 2018. By Tom Toulson, Associate

Untinted 4

When a litigant in person fails to correctly serve a claim form they can expect the courts to take a firm approach, following the Supreme Court's decision in Barton v Wright Hassall

Read more
Blog

Insuring Cryptocurrency risk, and why a duck might not actually be a duck

Published on 13 February 2018. By Max Rossiter, Trainee Solicitor

Untinted 4

Cryptocurrencies have dominated headlines with their soaring value and accelerating use. Their regulation has remained somewhat of an afterthought, however. This blog post looks at some of the pitfalls and the larger implications for financial professionals and the insurance industry that the risks of cryptocurrency present.

Read more
Blog

FOS consultation on SME access to Ombudsman service

Published on 23 January 2018. By David Allinson, Senior Associate

Untinted 5

The FCA is currently consulting on proposed new rules to allow larger small and medium sized enterprises to refer complaints to the FOS.

Read more
Blog

To each his own: which papers belong to the solicitor?

Published on 12 January 2018. By Claire Revell, Senior Associate

Purple tint 5

Although it has previously been established that clients don't necessarily own all of their solicitors' file, clients don't always appreciate this when making a file request. Some recent case law provides support to solicitors when dealing with such requests.

Read more
Blog

Name and Shame: HM Land Registry to publish list of worst offenders

Published on 09 January 2018. By Claire Revell, Senior Associate

Green tint

HM Land Registry has announced plans to publish a list of the top 500 entities responsible for the highest number of applications and ranking them by their track record of correctly completing Land Registry forms and applications.

Read more
Blog

Unauthorised introducers, the Pension Ombudsman and SSASs

Published on 04 January 2018. By Rachael Healey, Legal Director

Untinted 4

The Pension Ombudsman has rejected a complaint against a SSAS provider in relation to investments in carbon credit investments made on the instigation of an unauthorised introducer. In contrast to FOS decisions we have seen, the Pension Ombudsman appeared to put the onus and risk on the consumer for engaging with an unauthorised introducer.

Read more
Blog

Three commercial impacts of MiFID II on alternative investment managers

Published on 14 December 2017. By James Kaufmann, Legal Director

Untinted 4

MiFID II will be effective from 3 January 2018 and will have a wide ranging effect on the financial sector generally and alternative investment managers in particular.

Read more