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08 May 2024
Issue: 8070 / Categories: Legal News , Procedure & practice , Regulatory
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Caution urged on mass claims

Regulators have warned law firms working on financial product mis-selling claims not to breach their professional obligations

In a warning notice, the Solicitors Regulation Authority (SRA) expressed concern about improper practices in the mass claims sector, including ‘firms starting to act, and generate costs, before gaining a client’s consent’, ‘poor due diligence during client onboarding leading to low quality and/or inaccurate claims being progressed’, and ‘failures to act promptly or adequately in response to client instructions’.

The SRA said its existing concerns have been heightened by recent attention on the potential for mass claims over car finance customers being charged too much interest, which the Financial Conduct Authority (FCA) is currently investigating.

In particular, the SRA is ‘particularly concerned about potential issues regarding firms getting proper instructions from clients and supervising staff in relation to financial services claims when part of high-volume/bulk claim processes involving multiple clients’.

SRA guidance issued alongside the warning notice covers the areas of concern as well as wider areas such as working with third parties and levels of charges.

Paul Philip, SRA chief executive, said: ‘How mass claims are handled is a topic which regularly causes us, and others such as the FCA, concern.

‘Whichever mass claims area they are working in, solicitors’ obligations are very clear. We expect the profession to treat clients as individuals, not just a number within a group. This means, for example, communicating with them clearly, giving them a proper assessment of their specific case and related decisions to be made, and asking them for consent before taking any actions in their name. Basically, making sure they adhere to their overall obligation to act in their clients’ interests at all times.’

Issue: 8070 / Categories: Legal News , Procedure & practice , Regulatory
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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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