New to this edition
Readership: Solicitors and barristers, regulators and policy makers in the financial services industry, academic and reference libraries
In release 7 (published December 2010), Part I is updated to give an account of the Coalition Government's proposals for financial regulatory reform in its White Paper. This Part also refers to the Financial Services Act 2010. Part VI.2 sets out the FSA's position on funds of alternative investment funds (FAIFS). Consideration of Dunlop Haywards (DHL) Ltd (in liquidation) & Ors v Barbon Insurance Group Limited & Ors is given at Part VII. Part VIII looks at the creation of a single regulator for residential mortgage lending and the widening in scope of the activity of "administering" a regulated mortgage. In addition, it reflects the FSA's focus on arrears which has led to significant fines being imposed on firms who have failed to meet regulatory requirements. A new section on the Consumer Redress Scheme is included in Part X. Part XI is updated to refer to the Financial Services Act 2010.
Edited by Gerard McMeel, Professor of Law, University of Bristol; Barrister, Guildhall Chambers (Bristol) and Quadrant Chambers (London), and John Virgo, Barrister, Guildhall Chambers (Bristol) and 5 Stone Buildings (London)
PART I: The Industry and Regulatory Context 1: Introduction 2: The Financial Services Industry and Financial Products 3: The Wider European Framework of Financial Services 4: The Regulatory Framework PART II: Causes of Action 1: The Integrity of Transactions 2: Breach of Statutory Duty 3: Claims in Contract 4: Misrepresentation and Duties of Disclosure 5: Negligence 6: Equitable Claims: Fiduciary Obligations, Undue Influence, and Unconscionability PART III: Intermediaries 1: Intermediaries PART IV: Financial Promotion 1: Financial Promotion PART V: Standards of Conduct 1: Standards of Conduct: Overview PART VI: COBS: Investment Conduct of Business 1: Standards of Conduct for Investment Advice, Stockbroking, and Portfolio Management ('COBS') 2: Regulated Collective Investment Schemes PART VII: ICOBS: Insurance Conduct of Business 1: Standards of Conduct in General Insurance Business PART VIII: MCOB: Mortgage and Home Finance Conduct of Business 1: Standards of Conduct in Mortgage Lending and Advising PART IX: Deposit-Taking Conduct of Business 1: Conduct of Business for Banks and Building Societies PART X: Remedies 1: Remedies 2: Accessing Compensation: The Framework PART XI: Bringing and Defending Claims 1: Proving Liability and Loss: Use of Experts 2: Claims Investigation and Presentation 3: Defending Claims 4: Defences PART XII: Financial Services and Solicitors 1: Financial Services and Solicitors MATERIALS Part I - Legislation Part II - Statements of Case
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