Q&As

Where a party was negligently advised to take out an endowment mortgage which did not cover the outstanding mortgage on maturity, what needs to be proved in order to establish a claim for damages?

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Published on LexisPSL on 16/11/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Where a party was negligently advised to take out an endowment mortgage which did not cover the outstanding mortgage on maturity, what needs to be proved in order to establish a claim for damages?

Where a party was negligently advised to take out an endowment mortgage which did not cover the outstanding mortgage on maturity, what needs to be proved in order to establish a claim for damages?

It is not clear when the alleged mis-selling took place, but it may be that there is an allegation that there was a breach of the Financial Conduct Authority (FCA) Conduct of Business requirements applicable at the time of the mortgage endowment sale. The section 138D of the Financial Services and Markets Act 2000 (FSMA 2000) provides that a private person, who has suffered a

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