Articles & Commentary
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16
Jun
2014
2014
Investment Mis-selling and Breach of Statutory Duty
Al Sulaiman v Credit Suisse Securities (Europe) Ltd [2013] 1 All E.R. (Comm) 1105; Rubenstein v HSBC Bank Plc [2013] 1 All E.R. (Comm) 915
The financial meltdown of September 2008 and the ensuing collapse of investments generated a series of claims based on mis-selling. Two recently reported decisions have dealt with actions based on breach of the statutory duty set out in s.150 of the Financial Services and Markets Act 2000 to ensure private customers understand the nature of risks involved and to ensure suitability of advice. The first instance decision in Al Sulaiman was decided primarily as a matter of fact while the judgment of Rix L.J. in Rubenstein considered the nature of the statutory duty and issues of SAAMCO foreseeability of the meltdown itself, in other words, whether the adviser should be liable for loss caused by the market collapse.
This article was first published in Greens Business Law Bulletin, Issue 127 (published December 2013) and is reproduced here with the kind permission of W. Green, The Law Publishers.