Latest by David Allinson

Publication

The Week That Was - 18th December 2020

Published on 18 December 2020. By Simon Laird, Global Head of Insurance and Rachael Healey, Partner and David Allinson, Partner

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Welcome to the final The Week That Was of 2020, a round-up of key events in the financial services area over the last seven days.

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Blog

Adams v Carey – the judgment – over 2 years in the making, where does it leave the SIPP market

Published on 19 May 2020. By Ashley Daniells, Associate and David Allinson, Partner and Rachael Healey, Partner

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More than two years since the trial in March 2018, the High Court has dismissed the claim against Carey Pensions on all counts. The landmark case is sure to have far reaching ramifications for the SIPP industry and beyond.

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Blog

New pension transfer data – FCA's concerns remain

Published on 20 June 2019. By David Allinson, Partner

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The FCA has published the results of data received from firms carrying out DB transfers and set out the next steps in its supervisory work.

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Blog

FCA proposes FOS award limit increase to £350,000

Published on 17 October 2018. By David Allinson, Partner and Ashley Daniells, Associate

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The FCA has announced plans for an increase in the current FOS compensation cap. Currently standing at £150,000, the changes would see the limit increase to £350,000, an increase of 133%. It is also proposed that the limit will further increase automatically each year in line with inflation.

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Blog

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

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

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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.

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Blog

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

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

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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.

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Blog

FOS consultation on SME access to Ombudsman service

Published on 23 January 2018. By David Allinson, Partner

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

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Blog

FOS consultation on SME access to Ombudsman service

Published on 23 January 2018. By David Allinson, Partner

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

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Blog

Broken bonds - the FCA clamps down on firm promoting mini-bonds

Published on 21 November 2017. By David Allinson, Partner

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According to a recent article in Citywire, the FCA has ordered a firm promoting mini-binds to "cease all regulated activity" following a series of losses being incurred by investors in respect of mini-bonds.

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Blog

Are there dark clouds on the horizon for SIPP providers?

Published on 17 October 2017. By David Allinson, Partner

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According to Citywire, the FCA is poised to complete further supervisory work on the SIPP industry with a specific focus on non-standard investments. We understand that the FCA has questioned SIPP providers on the number of high risk investments they hold following a spate of complaints about such products in recent years.

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Blog

Are there dark clouds on the horizon for SIPP providers?

Published on 17 October 2017. By David Allinson, Partner

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According to Citywire, the FCA is poised to complete further supervisory work on the SIPP industry with a specific focus on non-standard investments. We understand that the FCA has questioned SIPP providers on the number of high risk investments they hold following a spate of complaints about such products in recent years.

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Blog

A level playing Field?

Published on 31 August 2017. By David Allinson, Partner

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Frank Field's Work and Pensions Select Committee is intending to review the impartiality of defined benefit pension transfer advice. What could this mean for the advisory industry and its PI insurers?

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Blog

A level playing Field?

Published on 31 August 2017. By David Allinson, Partner

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Frank Field's Work and Pensions Select Committee is intending to review the impartiality of defined benefit pension transfer advice. What could this mean for the advisory industry and its PI insurers?

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Blog

Advising on accessing pension pots, is there gold at the end of the rainbow?

Published on 13 May 2016. By David Allinson, Partner

As readers of this blog will know, sweeping changes were made to the UK pensions industry in April 2015 which allowed retirees to access the full value of their pension fund without the need to purchase an annuity.

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Blog

If you insist… a review of the FCA's position on insistent clients

Published on 02 July 2015. By David Allinson, Partner

On 8 June, the FCA published a fact sheet intended to provide a 'helpful reminder' of its position on 'insistent clients' (the full title being: Fact sheet 035. Pension reforms and insistent clients).

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Blog

A test of skill

Published on 05 May 2015. By David Allinson, Partner

Last week, the Administrative Court granted permission to judicially review the s.166 process for reviewing redress awarded as part of the interest rate hedging product scheme.

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Blog

Swap horror – not 'knowledge' for civil limitation

Published on 18 June 2014. By David Allinson, Partner

A recent High Court decision (Kays Hotels Ltd v Barclays Bank Plc) has ruled that a firm cannot rely merely on the terms of an interest rate hedging product going against the customer to trigger "knowledge" under section 14A of the Limitation Act 1980 and thus time-bar a civil claim.

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Blog

Arck advice could lead to a flood of claims

Published on 15 May 2014. By David Allinson, Partner

There have been some recent developments in the on-going saga involving Arck LLP, Yorkshire bank and around 400 disgruntled investors.

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Blog

Substantial delays and the FOS - R (on the application of CALLAND) v FINANCIAL OMBUDSMAN SERVICE LTD (2012)

Published on 13 June 2013. By David Allinson, Partner

The court has recently decided that a six and a half year delay between the FOS receiving a complaint from an investor and making a final decision against an IFA did not breach the IFA's rights under Article 6 of the ECHR.

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