Misselling - Institutional and Retail
Any market downturn produces misselling claims - whether or not they are well founded. These tend to cover a spectrum from allegations that poor advice was given to claims based on misrepresentations as to the nature, effects and risks of the products sold. Whilst litigation has to date in England centred on the selling of complex products to sophisticated counterparties, there have also been many claims in the retail sphere. There is, of course, often both a civil law and, importantly, a regulatory dimension to such claims.
The attached publications give an overview of the issues which arise, both as a matter or law and regulation, in a number of key jurisdictions: