header-logo header-logo

08 May 2024
Issue: 8070 / Categories: Legal News , Procedure & practice , Regulatory
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll