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The Legislative Basis of Systemic Review and Compensation for the Mis-Selling of Retail Financial Services and Products

Lookup NU author(s): Professor Joanna Gray

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Publication metadata

Author(s): Gray J

Publication type: Article

Publication status: Published

Journal: Statute Law Review

Year: 2004

Volume: 25

Issue: 3

Pages: 196-208

ISSN (print): 0144-3593

ISSN (electronic): 1464-3863

Publisher: Oxford University Press

URL: http://slr.oxfordjournals.org/cgi/reprint/25/3/196

Notes: The main focus of the former is a critical look that aims to be both retrospective and prospective at the personal pensions mis-selling review and asks, after detailed scrutiny and analysis of the main legal sites where legal and administrative redress processes surrounding the mis-selling of personal pensions were considered, what lessons might emerge for the current crisis of confidence and trust in personal finance for retirement? Statute Law Review was selected as a general quality OUP refereed Journal whose readers would find interesting how a systemic compensation process that emerged (arguably) originally out of political expediency and panic surrounding the conflicting incentives and regulatory environment that lay at the root of pensions mis-selling (see Black & Nobles MLR 1999) migrated onto a far firmer and more explicit statutory footing by a process of late legislative amendment to the Financial Services and Markets Bill whose apparent simplicity and non-controversial nature belies its potential for future retrospective unravelling of “done deals” in retail finance and the costs that flow from such disruption.


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