Professional Negligence Claim Against A Financial Adviser
Our solicitors are vastly experienced in assisting individuals and companies of all sizes to advise upon a professional negligence claim against a Financial Adviser. At Blackstone Solicitors, we are able to advise many different types of client on the process involved, no matter the complexity of the circumstances being considered and the nature of the claim.
For more information about how our team of corporate solicitors can help, contact us on 0345 901 0445 or complete our online enquiry form and a member of the team will call you back at a convenient time.
A financial adviser owes a duty of care to their clients in contract and under common law but also a statutory duty under the Financial Services and Markets Act 2000 to perform their work with reasonable care and skill. If they fail to do this and you suffer a loss as a result, then you may be able to bring a claim for professional negligence and/or breach of statutory duty
Blackstone Solicitors are known for our efficiency, attention to detail and ability to get things done; qualities much needed when making a professional negligence claim against a Financial Adviser. We will provide professional, pragmatic advice based on our years of experience in this specialist area.
Our team will do all that is necessary to ensure you are properly and robustly represented in any claim and will put your interests first at all times. The procedure can often be highly technical and we will ensure you are in the best possible position for a successful outcome.
Why Legal Help is Important
There are usually two types of financial adviser:
An independent adviser
A tied agent who promotes products for the firm they are employed by.
In order to bring a professional negligence claim against a financial adviser, you are required to prove that the financial adviser has breached the duty of care owed to you as a client. To do this it is usual for a client to obtain a report from another financial adviser to comment on whether the work undertaken fell below the standard to be expected. Blackstone Solicitors has access to experts in this field and can appoint an expert on your behalf.
The process can be complex, potentially stressful and can be considered to be
incredibly important. It can have an impact on you and your business, both in the short and long term – it is therefore imperative that you have the best legal experts at your side, not only to ensure everything progresses as it should but also to make sure both you and your business benefits from the best possible terms of a claim.
Some of the common mistakes that can give rise to successful claims against financial advisers are:
Failing to correctly assess the risk profile of an investor.
Selecting investment products or funds with excessive risk.
Failing to warn of, or misrepresenting, the risks associated with an investment product or fund.
Promoting investments in unregulated collective investments schemes in the absence of a recognised exemption.
In certain circumstances, the advisory firm may have already ceased trading but it may still be possible to make a successful claim.
You may be entitled to make a complaint to the Financial Ombudsman Service. This will be determined by the extent of the loss and your own circumstances This service can be an appropriate mechanism for low value amounts but is less well suited for larger contested sums or complex cases.
While the fact that an investment has not performed as well as anticipated may provide grounds for a professional negligence claim, additional proof will be required. Therefore, before embarking on a claim against a financial adviser, a careful assessment will need to be undertaken of a number of important issues, including:
The scope of the legal duties owed by the financial adviser.
Any actions taken by the financial adviser to comply with those duties.
The nature and extent of the loss caused by any breaches of those duties.
This can be a complicated process and the merits of each claim will often depend on the background events that give rise to it.
Other questions to be considered will include whether the financial adviser followed the client’s instructions and took reasonable care in carrying out those instructions. Before reaching any ruling a court will also need to look at whether the financial adviser demonstrated basic competence and skill, offered advice on all appropriate matters, and whether he or she sought to protect the client’s interests.
Whatever the circumstances are of the negligence claim, we ensure full compliance with corporate laws and regulations, so that you can be sure that the process is addressed on a firm financial and legal basis.
We will work with you to ensure all financial and legal aspects of any negligence claim is properly managed. We are able to assist with any aspect of this and will guide you through the technicalities in a clear and concise way. We have a team of experienced solicitors well versed in the process who are ready to assist you.
Get in Touch
Find out more about our services and how our commercial litigation solicitors can assist you and your business by getting in touch. We have offices in Cheshire and London and are able to serve clients across the North West, including Chester and Manchester, as well as throughout the UK and also overseas.