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19 March 2009 / Oliver Assersohn
Issue: 7361 / Categories: Features , Procedure & practice
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Don't mis-sell & don't be unfair!

Oliver Assersohn examines the significance of the FSA's message

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At the beginning of the year the Financial Services Authority (FSA) found that Pacific Continental Securities UK Limited (PCS) had failed to conduct its business with integrity, in breach of principle 1 of the FSA's Principles of Business. One of the findings was that PCS had permitted advisers to continue to engage in inappropriate selling practices despite awareness of those failings.

“The bible”

The selling practices were described in a manual known as “the bible” which was provided by PCS to advisers and which contained suggested ways of overcoming customers' objections.

For example, if a customer wanted to talk to his wife the recommended approach was to say: “If you want me to call you back so you can ask your wife if you can buy the stock, I'll ring mine and see if I can sell it to you, in all seriousness…”

If the customer was unsure about whether to proceed with the trade

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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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