Court of appeal confirms decision that claim in relation to pension transfer and drawdown advice is time barred

Author: Gray, Joanna

Source: Journal of Financial Regulation and Compliance, Volume 16, Number 4, 2008 , pp. 421-425(5)

Publisher: Emerald Group Publishing Limited

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Abstract:

Purpose - The article's aim is to report and comment on the Court of Appeal case <IT>Shore</IT> v. <IT>Sedgwick</IT> <IT>Financial Services Ltd & Others</IT>. Design/methodology/approach - The article outlines the facts surrounding the appeal and comments on the ruling. Findings - The Court of Appeal reached the same conclusion as the trial Judge as to the outcome- both claims were time barred through limitation. However, the reasoning differed from that of the trial judge in certain respects as to the significance of the exact dates on which the claimant was properly to be seen to have suffered loss or to have been aware of his loss. Originality/value - The article highlights how this case shows how important it is to actively and continually review one's financial situation in order to make any meaningful use of common law and statutory remedies for negligent or non-compliant financial advice.

Keywords: Financial services; Legal decisions; Pensions

Document Type: Research article

DOI: http://dx.doi.org/10.1108/13581980810918459

Publication date: 2008-11-14