Investment advice: the statutory remedy

Keith Stanton

Research output: Contribution to journalArticle (Academic Journal)peer-review

307 Downloads (Pure)

Abstract

This article considers a tort which has received remarkably little comment: that found in s 138D(2) of the Financial Services and Markets Act 2000. The tort creates a very important consumer remedy in cases of mis-selling of financial products by banks and investment advisers. In tort terms it is a prime example of a modern form of breach of statutory duty. It is a statutory strict liability remedy for pure economic loss. The article will consider the features of the tort and how it operates in the context of other remedies: in particular, how the rules governing it influence concurrent claims brought in negligence.
Original languageEnglish
Pages (from-to)153-174
Number of pages22
JournalTottel's Journal of Professional Negligence
Volume33
Issue number2
Early online date1 Jul 2017
Publication statusPublished - Jul 2017

Keywords

  • Law
  • Financial services
  • Tort liability

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