Large-scale retail misselling claims

Unlike with institutional misselling claims, which are particularly concentrated in the UK and US for choice-of-forum and choice-of-law reasons, financial institutions run the risk of being faced with retail misselling disputes in all major jurisdictions. The characteristics of such claims may vary from jurisdiction to jurisdiction depending on a number of features, such as the cost of civil litigation, the possibility of class or collective actions, the involvement of investor defence organisations, and the enthusiasm of regulatory and criminal authorities to investigate and enforce retail banking practices. Several global trends have nonetheless become apparent. This brochure deals with large-scale misselling claims by retail investors that financial institutions may face in a number of key jurisdictions. It follows our June 2010 brochure, which focused on misselling claims by institutional investors.

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