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Financial services litigation and disputes

Financial services dispute resolution

The size, complexity and regulatory environment of the banking and wider financial services sector make disputes inevitable.

We are specialists in resolving disputes in this area and have experience of acting on many high profile and complex cases.

We go to great lengths fully to understand the markets and regulatory environment in which our clients operate and have a wealth of industry knowledge on top of our legal expertise, with a number of our team also being dual-qualified, having obtained the Diploma in Regulated Financial Planning.

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Examples of financial services disputes that we can help with include:

Financial mis-selling claims

This type of dispute can occur between an individual or a group of individuals and an advisor(s), where the claimant believes they were misled, not made aware of the risks, sold an unsuitable or inadequate product for their needs or received incorrect advice.

These include claims involving the alleged mis-selling of investments, bonds, insurance, loans, pensions (including pension transfers), tax mitigation vehicles, equity release, shared appreciation mortgages or other financial products such as interest rate swaps and other complex derivatives.

Contractual disputes

A contractual dispute could involve anything from an administrative error with serious financial consequences, to a failure by a provider to pay out the correct returns or benefits. For example, insurance coverage disputes, disagreements between appointed representatives and their principals or between adviser and client in relation to the scope of work that was agreed.

Regulatory disputes

These disputes can arise between a financial services provider and an industry regulator such as the Financial Conduct Authority (FCA), Prudential Regulation Authority (PRA), Financial Ombudsman Service (FOS) or Pensions Ombudsman.

Who we can help and how

Our team of experts assist FCA authorised clients in dealing with customer complaints, defending formal complaints to the Financial Ombudsman Service (FOS) or litigation in the courts.

We also assist other private sector businesses, sole traders and family businesses in resolving financial services disputes.

Why choose Clarke Willmott for financial services disputes

Clarke Willmott focuses on securing the best outcome for our clients with the minimum of fuss, by using the most suitable method in the circumstances. We have a team of legal experts with strong strategic and commercial acumen who is well-versed in using the courts, Financial Ombudsman Service (FOS), Pensions Ombudsman, internal dispute resolution processes, mediation and negotiation.

We are known for our robust approach and ability always to fight hard for our clients. Yet we are also creative and open-minded, qualities that often prove key to our success. What is more, we understand what is at stake and always have our clients’ best interests at heart throughout the process.

Our team’s experience representing both claimants and defendants has given us a deep understanding of the motivations and tactics at play on both sides, which gives us an edge over many other law firms.

We can offer flexible fee arrangements including fixed fees for certain services. In cases where we believe there is sufficient prospect of success, we can also act under alternative funding arrangements such as conditional fee agreements (CFA). We also have deep experience of third-party funding and after-the-event (ATE) insurance.

What our clients say

They have a real quality and depth in the team.” – Chambers UK, 2024

“The team were very capable and dealt with the matters in a very timely fashion.” – Chambers UK, 2024

“Real litigation expertise combined with sensitivity to costs.’” Legal 500, 2024

“One of the most well-balanced teams in the business. They have someone who can do everything and resource their cases appropriately.’” Legal 500, 2024

Contact a financial services disputes solicitor today

If you or your business is faced with a potential dispute, call for a free no-obligation initial consultation on 0800 652 8025 or get in touch online.

Your key contacts

Darren Kidd

Partner

Bristol and London
Darren is an experienced litigator specialising in high value and complex disputes. He has particular experience of structuring and progressing group litigation and litigation funding.
View profile for Darren Kidd >

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The Court of Appeal in Commission Recovery Ltd v Marks & Clerk LLP & Another [2024] EWCA Civ 9 has upheld a High Court’s decision permitting a secret commission claim to proceed as a representative action under CPR 19.8 in an important decision for the “opt out” collective action regime in England and Wales.
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Service of a claim by email – time for a change in the rules?

In Chehaib v King’s College Hospital NHS Foundation Trust and Others [2024] EWHC 2 the claimant failed to have its claim survive against one of three defendants after attempting to serve that defendant by email without permission contrary to CPR Practice Direction 6A.
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