header-logo header-logo

Caution urged on mass claims

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll