Financial services litigation

Financial services dispute resolution

From credit and investments, right through to tax and pensions, the sheer scale, complexity, value and regulatory environment of the financial services sector, make disputes unavoidable and financial services litigation inevitable.

We’re specialists in resolving financial services disputes, and highly successful – probably because we go to great lengths to fully understand the regulatory environment and markets in which our clients operate, even obtaining formal financial services qualifications. As a result, we have a wealth of industry knowledge on top of our legal expertise, giving us a level of commercial appreciation that’s hard to find elsewhere.

Typical financial services disputes

A financial services dispute is a legal disagreement relating to a financial product, service or provider.

Financial mis-selling claims

This type of dispute can occur between a group or individual and a financial services provider, 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.

For example, the mis-selling of bonds, investments, insurance, loans, pension transfers and interest rate swaps.

Trustee disputes

A dispute between individual trustees or between trustees and investors.

For example, claims of pension scheme or investment mis-management, and conflict of interest.

Regulatory disputes

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

Professional negligence claims 

A dispute between a group or an individual and a financial adviser or tax adviser, where the claimant believes they’ve received poor advice. For example, negligent advice relating to an investment or tax mitigation scheme.

Contractual disputes

A dispute between a group or individual and a financial services provider. A dispute could be anything from a simple administrative error with serious financial consequences, to a failure by the provider to pay out the correct returns or benefits.

Who we can help and how

Our specialist Financial Services Litigation team assists clients authorised by the Financial Conduct Authority (FCA) in dealing with customer complaints, defending formal complaints to the Financial Ombudsman Service (FOS) or litigation in the courts, as well as any supervisory and enforcement action by the FCA itself.

We also act for pension scheme trustees who find themselves in dispute with their members, the Pensions Regulator or other parties, and for businesses harmed by financial services – for example, the interest rate swap mis-selling scandal.

Our specialist expertise is also called on to help other legal teams in cases involving fraud and insolvency.

Why choose Clarke Willmott for financial services disputes

At Clarke Willmott, our aim is always to secure the best possible outcome for you, with the minimum of fuss. To do that, we’ll use whatever method is best in the circumstances – whether that’s the Courts, Financial Ombudsman Service (FOS), Pensions Ombudsman, an internal dispute resolution process, mediation or good old-fashioned negotiation.

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

Our experience acting on behalf of claimants and defendants, gives us a deep understanding of the motivations and tactics in play on both sides, giving us the edge over many other law firms.

Flexible fees and funding

We can offer flexible cost arrangements including fixed fees for certain services. In cases where we believe there is sufficient prospect of success, we can also act under conditional fee agreements (CFA).

Our strong relationships with insurers and funders means we can also access third party funding and after-the-event (ATE) insurance options on good terms.

What our clients say

“The team have demonstrated all the qualities one would hope for from one’s legal team: skill, diligence, responsiveness and great ‘customer service’.”

“Philippa has been an absolute tower of strength throughout, none more so than over the past few weeks when, despite the most trying of circumstances, she has consistently acquitted herself in a calm, professional and hugely conscientious manner. Her resilience under huge pressure is quite remarkable and all of us owe her a debt of heartfelt gratitude for service beyond the call of duty.”

“Both Philippa and Laura, have performed extraordinarily well under all sorts of pressure. In the last week or two, when the opposition ramped up its campaign of disruption, they have been beyond praise.”

“I really congratulate you on your calm handling of so many difficult corners.”

Contact a financial services litigation solicitor today

Our specialist financial services litigation solicitors based in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton, are ready to discuss your case. If you or your business is faced with a potential dispute, call for a free initial consultation today on 0800 652 8205 or get in touch online.