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Financial services

Madison Legal > Financial services

Financial Services, Insurance and Technology Lawyers

 

Madison Legal team of financial solicitors and barristers have an established track record of advising and representing clients in financial services and insurance, including major investment and commercial banks and international insurance operators.

 

Our financial services lawyers have worked with major insurance entities, advising on all aspects of regulatory and domestic and international legal compliance including Solvency II, IDD, and IDM. Our EU Law and post-Brexit Compliance Team is on hand to advise on the regulatory impact of the UK’s departure from the EU.

 

Our members also enjoy considerable experience in the technology sector, including Distributed Ledger Technology, cryptocurrency /crypto assets, Fintech, and Smart Contracts.

What is a financial services dispute?

 

A financial services dispute is a legal disagreement relating to a financial product, service, or provider. It typically includes claims against banks, accountants or involving a financial product such as a derivative, pension, investment, life assurance or a swap.

If you are looking for financial services dispute solicitors, contact us today and we will be happy to assist.

Types of financial services disputes

Financial mis-selling claims

 

A financial mis-selling is when you are sold a financial product or service that is not suitable for your needs. This might be because the terms and conditions of the financial product were not specially pointed out to you prior to purchasing the financial product or you were not informed of the potential risks.

 

A bank, or other financial institution, may also sell you a financial product that you did not necessarily require, resulting in you paying, for example, more interest. In the above scenarios, you may have a claim against the financial institution for any damages you suffered.

 

Professional negligence claims

 

This is a dispute between an individual, or a group, against a third party who is providing financial advice, such as a tax adviser or financial adviser. For example, you may have received negligent advice in relation to an investment and such advice has resulted in you suffering a loss. Alternatively, the tax advice you have been provided may have not met all the domestic and/or international regulations and therefore may result in an investigation by the tax authorities, such as HMRC or the IRS.

 

Trustee Disputes

 

These are claims, usually against a trustee, for negligently or poorly, managing a trust. This might be in relation to a bad investment or issues with a pension scheme, whereby the beneficiaries of the trust have suffered losses. It could also include claims against third parties who have caused damages to the trust or owe a debt to the trust.

 

Further, there may be disputes between the beneficiaries to the trust in relation to a payment out of the trust or over their beneficial interest in trust assets. Alternatively, it may be a dispute between various trustees on how the trust should be managed or what powers (or assets) the trust holds.

 

Fraud and misrepresentation

 

These are claims against a party who has sought to deceive the potential claimant for their own benefit or who may be culpable of a misrepresentation when entering into a contractual arrangement. These misrepresentations can either be deliberate, innocent, or negligent.

 

The Madison Legal Partners has vast experience pursuing wrongdoers using a range of domestic and international freezing orders along pre-action and third-party disclosure orders to obtain vital information and documentation necessary to secure missing assets.

 

We work closely with our “partner” criminal fraud firms to come up with a litigation strategy that includes protecting and freezing any assets of the wrongdoers and third parties caught up in the fraud.

 

Our financial solicitors understand that when a potential fraud is detected there is a balance of moving as fast as possible to protect the assets being dissipated against putting the strongest case possible. We understand that quickly putting a team together, often from different jurisdictions, is vital in order to freeze assets and secure vital evidence for any potential claims.

Crypto Asset Recovery and Cryptocurrency Fraud

 

Cryptocurrencies are quite different from typical currencies such as dollars, euros, or sterling.

Instead of being issued and backed by a government or central bank, cryptocurrencies are digital assets secured by cryptography that can be used as a medium of exchange. Their validity is typically provided by a blockchain system with an open, distributed ledger recording transactions.

As with any high value and volatile assets, especially one that has little to no regulation, there are potential risks for fraudsters.

In such circumstances, it is important to obtain legal advice as soon as possible and, potentially, apply for interim measures, such as worldwide freezing orders and/or search orders.

 

How can our financial services lawyers assist you with a dispute

 

Our financial services lawyers, solicitors and barristers, headed by Daniel Feetham KC, can offer clear guidance and early strategic advice on your options to give you the optimal advantage in bringing or defending financial services disputes, including advising on issues over jurisdiction and any interim remedies (such as security for costs application or freezing injunctions).

Contact our arbitration team today

Arrange your initial, no obligation consultation with our financial services lawyers today for a for a free, no-obligation, initial discussion of how we may be able to help, please contact us. Call us on 0204 5384215 or make an inquiry online. Alternative contact us via LinkedIn.