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Don't mis-sell & don't be unfair!

19 March 2009 / Oliver Assersohn
Issue: 7361 / Categories: Features , Procedure & practice
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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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Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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