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Borderlines in Private Law

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This book is now Out of Print.
A new edition was published, see:
Financial Advice and Financial Products: Law and Liability 3rd ed isbn 9780198705956

Financial Advice and Financial Products: Law and Liability Looseleaf 2nd ed

Edited by: Gerard McMeel, John Virgo

ISBN13: 9780199299065
New Edition ISBN: 9780198705956
Previous Edition ISBN: 0198268238
Latest Release: December 21, 2012
Publisher: Oxford University Press Subscriptions
Country of Publication: UK
Format: Looseleaf
Price: Out of print
Subscription Type: Annual Subscription
Domestic Renewal Price: £195.00
Overseas Renewal Price: £195.00



Oxford University Press are not taking any further orders for this, as of September 2013. There are potential plans for a new book edition in late 2014. All updating services have been suspended with further details to be announced.

The new edition of Financial Advice and Financial Products now comes as a loose-leaf service. This comprehensive guide covers the legal and regulatory environment in which claims arising in the financial services context are brought and defended. Since 2001 legislative activity in the field of financial regulation has grown considerably and the rate of development in regulation and case law shows no sign of slowing.

This exciting new loose-leaf text considers the applicable regime including the regulatory framework and statutory claims under the Financial Services and Markets Act 2000, together with traditional 'professional negligence' claims based on contract and tort against financial advisers, brokers, other intermediaries and product providers. There are now two new chapters dedicated to the FSA's extension in regulatory powers to include the conduct of mortgage business (MCOB) and of general insurance business (ICOB) written by experts from Burges-Salmon Solicitors.

In addition, the authors look at the FSA's increasing focus on financial promotion, together with the new Financial Promotion Order 2005 and updated FSA guidance. The text incorporates recent case law (such as Beary v Pall Mall Investments, Seymour v Caroline Ockwell & Co) and the impact of more recent financial scandals, including the continuing fall-out of Equitable Life's collapse, endowment mortgage complaints and 'precipice bonds' or SCARPS. Development in the case law on limitation and causation, and the approach of the Financial Ombudsman Service (FOS) to cases within its jurisdiction are also considered.

  • Now in loose-leaf format
  • New chapters on conduct of business rules on mortgages (MCOB) and insurance (ICOB)
  • Changes to financial promotion regime
  • Two regular updates per year, this loose-leaf is an invaluable source of reference to all those in the field of financial services.
  • Updates will operate on an annual subscription basis, with the first years updating included in the purchase price.
Accompanied by (approximately) two updates per year, this looseleaf is an invaluable source of reference to all those in the field of financial services.

Subjects:
Banking and Finance, Looseleaf Work
Contents:
2007: Annual Subscription;
PART I
1. Regulatory Background
2. The Financial Services Industry and Products
3. The European Dimension
4. The FSMA 2000 Framework
PART II
5. Unenforceable Transactions Under the 2000 Act
6. Breach of Statutory Duty
7. The Contractual Retainer
8. Misrepresentation and the Disclosure Regime
9. Claims in Negligence
10. Claims in Equity
11. Intermediaries
12. The Financial Promotion Regime
13. Standards of Conduct: Introduction
14. Standards of Conduct in Investment Advice, Stockbroking and Portfolio Management: COBS
15. Standards of Conduct in General Insurance Business: ICOB
16. Standards of Conduct in Mortgage Lending and Advising: MCOB
17. Standards of Conduct in Banking and Lending: The Banking Code of Conduct
PART III: Investor Remedies
18. Damages
19. Accessing Damages - Procedural Framework
20. Proving Loss
21. Claim Presentation
PART IV: Defending Claims
22. Investigation of Claims
23. Defences
PART V
24. Financial Services and Solicitors
Materials
Financial Services and Markets Act 2000 (extracts)
The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (as amended)
The Financial Services and Markets Act 2000 (Financial Promotions) Order 2005 SI 2005/1592
The Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001, SI 2001/2256 (as amended)
The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001, SI 2001/1271, (as amended)
Sections of the Limitation Act 1980 (ss 2, 5, 9, 14a, 14b, 28, 32, 36)
Sample Pleadings

Recent Subscription Releases:

Release
Date
Part Price
Issue 10 2012
December 21, 2012
Subscription
Issue 9 2012
April 16, 2012
Subscription

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