My most “liked” Linkedin post of all time was the one when I announced my successful completion of my St John’s Ambulance recertification assessment as a first-aider. I posted it for two reasons. First, I dislike intensely reading posts by people telling me how they (not me) have been successful in being invited to speak […]
Since the Retail Distribution Review put paid to advisers living off product provider commission, many have resorted to taking adviser charges out of pensions in order to earn their remuneration. There is nothing inherently wrong with that and it probably improves their customers’ tax position in most cases. However, there is a trap that I […]
Setting the remote scene I have been doing remote compliance training since March 2020. I rather like it as a trainer. At home, the coffee is much better and I don’t have to wear shoes and socks. From a professional point of view, I can dig up examples off my computer broadly on request. I […]
It is difficult for me to know how to respond to the FCA’s consultation on doing a drains up review of all advice given to transfer from the British Steel Pension Scheme. If an IFA asks my advice about pension transfers from defined benefit schemes, I almost invariably tell them to give up their permission […]
The 308 pages of the Upper Tribunal’s decision in the ghastly references brought by Andrew Page, Aiden Henderson, William Freer, Thomas Ward and Robert Ward hammer home a terrifying message. Sending people to consult an independent financial adviser is not necessarily the right thing to do. These individuals basically diverted huge numbers of people’s pensions […]
The FCA does not need the court’s permission to start enforcement action for breach of the listing rules and market abuse against an insolvent company
Financial Conduct Authority v Carillion Plc  EWHC 2871 (Ch) decides that since enforcement action is not a legal proceeding, the FCA does not need the permission of an insolvency court to proceed against a firm in liquidation. Section 130(2) of the Insolvency Act reads: “When a winding-up order has been made or a provisional […]
https://www.bailii.org/ew/cases/EWHC/Ch/2021/2538.html sees Mr Justice Snowden relying on the ambiguity of Zurich’s questions to reject its attempt to avoid a commercial insurance policy for a failure to make fair presentation or misrepresentation.