The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
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 loss as a result of a rule breach by an authorised person, has an actionable suit against that authorised person. We refer you to Practice Note: Action for damages under FSMA 2000, particularly under the heading ‘Action for damages under FSMA 2000—Actions for damages for rule breaches’, which outlines that a claimant need not establish
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Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role
Interim injunctions—the American Cyanamid guidelinesThis Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead of trial. As set out below, there are different considerations depending on whether the interim
Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also
Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise or smell or by the causing of actual physical damage to their property. In
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