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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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