Financial Misselling and Professional Negligence
High Value Financial Misselling Claims
Carter-Ruck's commercial litigation team has a formidable track-record of acting in high value (over £100,000) financial misselling claims for compensation against institutions including banks, pensions providers and financial and tax advisers. The firm has secured numerous six, seven and eight figure awards and settlements for clients.
While large financial institutions will often try to suggest that clients' losses are the result of market forces during the economic crisis, it is frequently the case that investors have suffered losses as a result of negligent financial advice, breach of contract, breach of financial regulations (such as those of the Financial Conduct Authority) or even outright fraud. Carter-Ruck is well placed to advise on such complaints and to bring High Court proceedings or take other action as may be appropriate such as complaining to the Financial Conduct Authority and the Financial Ombudsman Service.
The firm is highly experienced in bringing negligence claims against solicitors, accountants, surveyors and other professionals.
Funding of Financial Misselling and Professional Negligence Claims
Individuals often feel daunted about the prospect of challenging large corporations and professional advisers head-on when seeking compensation for their losses, not least given the potential costs of litigation. However, while in most cases we charge a fee for our initial review of the case and documents, the costs thereafter need not be prohibitive.
A more level playing field can be achieved through the use of Conditional Fee ('no win, no fee') Agreements, backed by a litigation insurance policy, which Carter-Ruck is able to offer (whether on a full or partial basis) in appropriate cases. From 1 April 2013 we will also be able to offer in certain high value cases Damages Based Agreements ("DBAs") in which costs are payable out of damages.
Carter-Ruck has represented clients on the basis of Conditional Fee Agreements for over ten years; when backed with After The Event ('ATE') insurance, the costs risks are minimised in the event of losing. ATE insurance can be arranged without the need to pay an up-front premium.
Such funding arrangements are therefore highly effective in financial misselling cases, not only giving clients peace of mind as to their costs exposure, but also forcing defendants to focus on the merits of a claim, because it is much more difficult for them to outmanoeuvre claimants financially.
For more details of Carter-Ruck's CFA scheme, and the ATE insurance they can offer, please see Funding. See also The Times, 7 May 2009: "Credit-crunch victims turn to no-win, no-fee for help".
If you believe you have a high-value potential compensation claim for financial misselling (including relating to pensions misselling, film finance schemes, equity release schemes and option award schemes) or negligent financial or other professional advice, please contact one of the following Partners: