Latest by Robert Morris

Blog

Financial Reporting Council considers the test for "misconduct"

Published on 20 May 2019. By Robert Morris, Partner and Matthew Watson, Associate

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A recent Financial Reporting Council (FRC) Tribunal decision provides some welcomed clarity on the distinguishing features of misconduct and negligence for those in the accountancy profession.

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Publication

Annual Insurance Review 2019

Published on 21 January 2019. By Simon Laird, Global Head of Insurance and Robert Morris, Partner

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Welcome to RPC’s Annual Insurance Review

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Blog

Scope of duty narrows for accountants

Published on 30 May 2018. By Robert Morris, Partner and Matthew Watson, Associate

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Accountants not liable for transaction losses despite negligent accounting treatment

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Blog

FCA revisits FSCS funding proposals, and abandons plans for significant changes to professional indemnity insurance requirements

Published on 01 November 2017. By Robert Morris, Partner

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The FCA has published a second consultation paper on the thorny subject of FSCS funding. Although not widely reported so far, the new consultation makes it clear that the FCA will not, after all, consult on significant changes to personal investment firms' professional indemnity insurance requirements.

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Publication

FCA consultation on pension transfers – what does it mean for advisers?

Published on 22 June 2017. By Robert Morris, Partner

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The FCA threatened it and now we have it – on 21 June the FCA published its consultation paper on DB transfers and safeguarded benefit conversions.

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Publication

FOS backs down and agrees: award limit applies in avoidance cases

Published on 08 March 2017. By Robert Morris, Partner

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In R (on the application of Aviva Life & Pensions (UK) Limited) v Financial Ombudsman Service [2017]1 Aviva judicially reviewed a Financial Ombudsman Service decision that required them to reinstate a life insurance policy they had avoided for non-disclosure.

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Blog

Uncrystallised personal pensions safe from creditors

Published on 14 October 2016. By Robert Morris, Partner

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The Court of Appeal has resolved previously conflicting case law to confirm that a bankrupt cannot be obliged to crystallise his pension benefits in order to produce income to pay off creditors.

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Publication

A new and better approach to claims against financial advisers?

Published on 03 October 2016. By Robert Morris, Partner

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A Judge has found in favour of Coutts in a claim for negligent investment advice for just under £3.3m plus interest. The Judge’s findings are of interest given that he refused to assess whether the investments recommended were suitable for the Claimants according to a body of accepted professional opinion (the so called “Bolam Test”). Instead, the Judge focused on whether the risks of the investments were properly explained to the Claimants, whether they could afford to take such risks and showed themselves willing to do so.

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Blog

The "new" Third Parties (Rights Against Insurers) Act and late payment of insurance claims

Published on 06 May 2016. By Robert Morris, Partner

After a delay of just six years, it was finally confirmed this week that the Third Parties (Rights Against Insurers) Act 2010 will come into force on 1 August 2016.

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Blog

Small businesses; large losses?

Published on 01 December 2015. By Robert Morris, Partner

On Friday the FCA published a wide ranging discussion paper in which it seeks comments on proposed changes to the way in which it, and the FOS, deals with SME businesses.

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Blog

Small businesses; large losses?

Published on 01 December 2015. By Robert Morris, Partner

On Friday the FCA published a wide ranging discussion paper in which it seeks comments on proposed changes to the way in which it, and the FOS, deals with SME businesses.

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Blog

Court of Appeal confirms no general duty to advise on sophisticated tax planning

Published on 25 March 2014. By Robert Morris, Partner

Last year the High Court's decision in Mehjoo v Harben Barker gave rise to plenty of lurid headlines.

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Blog

Litigation privilege in liquidations

Published on 11 March 2014. By Robert Morris, Partner

The recent Court of Appeal decision in Rawlinson and Hunter Trustees SA & others v Akers & another [2014] serves to emphasise that third party reports commissioned by liquidators to enable them to consider whether litigation should be commenced ...

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Blog

SEC ups the ante on audits of Chinese companies listed in US

Published on 13 February 2014. By Robert Morris, Partner

In its "Initial Decision" No. 553, a US Securities and Exchange Commission administrative law court recently concluded that the Chinese affiliates of five international accounting firms breached section 106 of the US Sarbanes-Oxley Act 2002 ...

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Blog

Redress for unsuitable mortgage advice set to increase as Court of Appeal upholds High Court decision in Emptage v Financial Services Compensation Scheme

Published on 18 June 2013. By Robert Morris, Partner

The Court of Appeal has today dismissed the appeal in the case of Emptage v Financial Services Compensation Scheme.

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Blog

Professional indemnity insurers urged to robustly defend growing number of cases

Published on 26 April 2013. By Robert Morris, Partner

There has been a spate of professional negligence claims lodged against the promoters of tax avoidance schemes following a clampdown on these schemes by HM Revenue & Customs (HMRC), as we have recently noted in the Financial Times.

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Blog

Legal advice privilege remains for qualified lawyers only

Published on 23 January 2013. By Robert Morris, Partner

The Supreme Court has today rejected an attempt to extend legal advice privilege to legal advice given by professionals other than lawyers.

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