FinTech has developed rapidly in recent years, and with these developments new challenges arise, particularly for regulators: how do you apply current law to these ever-changing concepts in a world of continual technological advancement?
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Jonathan Kirk, Thomas Samuels and Lee Finch
This new work offers a clear and concise analysis of the law relating to the mis-selling of regulated financial services products. The introductory chapters cover the history of mis-selling, from their origins at common law to the modern regulated environment. It also addresses important practical points for those pleading and defending financial mis-selling claims, focussing on the various causes of action and limitation periods. It provides an overview of the UK and European regulatory framework governing the sale of financial products and considers in detail five key product types: credit, mortgages, interest rate hedging products, insurance, and collective investment schemes. Each chapter looks at the sector-specific issues and the various mis-selling ‘scandals’ of the last decade and the case-law that emerged from them.
Regulatory Regimes and Liability Issues
The global crisis revealed that credit rating agencies (CRAs) are capable of bringing about potential distortions in the financial sector, thereby resulting in a reduction in market confidence which, in turn, influences negotiations and expectations. CRAs need to be held accountable for lack of transparency and inaccurate ratings, however the existing regulatory framework does not secure adequate investor protection. This book provides a new and important contribution to research in the area, at a crucial time in the debate around financial regulation and investment regimes.