Services
People
News and Events
Other
Blogs

Welcome to our Blog

Are you looking for high quality legal advice? You have come to the right place.

We regularly write about different legal topics and welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch.

SJP shares crash after it sets aside £426m for advice fee refunds

  • Posted

St. James's Place (SJP) has provisioned £426m to refund clients for ongoing advice fees after reviewing its back-book, leading to a dividend cut of over 50%. Review of the fee for ongoing advice After receiving an increased number of complaints...

£284m DFM declared in default by FSCS

  • Posted

The industry lifeboat fund has declared the firm in default, preparing to compensate affected clients. The discretionary fund manager (DFM) Blankstone Sington has been declared in default by the Financial Services Compensation Scheme (FSCS). The FSCS has...

Two advisers banned and fined over British Steel transfers.

  • Posted

The Financial Conduct Authority (FCA) has banned Susan Jones and Simon Lewis from providing advice on transfers and pension opt-outs. This action was taken due to the unsuitable advice given to clients of the British Steel Pension Scheme (BSPS) when they...

How did I got into law?

  • Posted

Law wasn’t always my first choice of career.   I had plans of following in the steps of my mum and being a chemist, but after a stint of Triple Science in secondary school my Chemistry Teacher for some inexplicable reason put me off a career in...

How did I get into law?

  • Posted

Law wasn’t always my first choice of career.   I had plans of following in the steps of my mum and being a chemist, but after a stint of Triple Science in secondary school my Chemistry Teacher for some inexplicable reason put me off a career in...

The collapse of PE-backed LEBC sparks FSCS claims

  • Posted

LEBC, which had £5bn of assets and private equity investors, is likely to result in FSCS claims for advice on transferring from DB pensions. The national advice firm LEBC Group, which has collapsed, is now subject to claims under the Financial...

What is a JCT Contract?

  • Posted

The JCT suite offers off-the-shelf building contracts for construction projects in the UK. Its popularity is due to standardised forms for a wide range of projects and fair terms for all parties.  Even though they are standardised, amendments can still...

Chester firm with British Steel links declared insolvent after FSCS probe

  • Posted

An IFA company in Chester that had connections to British Steel has been declared failed following an investigation by the FSCS. Arrow Financial Services was dissolved on 22 June 2022 and placed under investigation on 24 April 2023. The FSCS is...

The competition watchdog targets Will writers

  • Posted

The Competition and Markets Authority has made it clear that it will take action against companies that offer Will-writing, divorce, and probate services while breaking consumer protection laws. The CMA stated in announcing a consumer enforcement probe in...

335 FSCS claims made against IFA, declared in default

  • Posted

Over 300 claims are expected to be filed against the defunct advisory business Wellington Court Financial Services. The Financial Services Compensation Scheme (FSCS) has already started paying out claims with over £260,000 paid out for five successful...

We represent businesses all over the UK that might be due a sizeable settlement from energy companies.

  • Posted

We represent businesses all over the UK that might be due a sizeable settlement from energy companies. Due to hidden commissions paid by energy suppliers to third-party introducers or brokers, thousands of businesses and other organisations across the UK...

Tired of chasing unpaid invoices?

  • Posted

Debt recovery is essential for businesses to maintain financial stability. Unpaid debts can negatively impact cash flow, profitability, and even the overall survival of the business. It is important for businesses to have a clear process in place for debt...

British Steel redress scheme legal action by IFAs is abandoned

  • Posted

The FCA's redress programme for former members of the British Steel Pension Scheme (BSPS) who transferred out after obtaining inappropriate advice has belatedly been accepted by the British Steel Adviser Group (BSAG). The BSAG have also confirmed they...

Handling menopause in the Workplace

  • Posted

For both companies and their personnel, managing the impacts of menopause at work is crucial. It can be a challenging and stressful period for people who are suffering from symptoms. Each person will go through menopause in a unique way, and for some, the...

Construction disputes and resolution

  • Posted

Our expert construction dispute resolution team has the experience and sector understanding needed to get the best result for you in complex, high-value construction disputes and claims when problems do emerge. Our staff frequently gets involved in a project...

FCA criticises 15 advisors for providing steelworkers with "misleading" proposals

  • Posted

The FCA has found an additional 11 advising companies that are contacting former British Steel Pension Scheme (BSPS) participants with unsolicited restitution proposals, which could mean that the steelworkers are not covered by the BSPS redress programme. ...

FSCS Berkeley Burke payments up to £60 million

  • Posted

Financial Services Compensation Scheme has settled claims against failing provider Berkeley Burke SIPP Administration (BBSA) for a total of £58.8 million. As of January 11, the lifeboat system reported receiving 2,155 claims against Berkeley Burke...

Common Myths and Misconceptions about Wills

  • Posted

A Will is not unusual, or something that only needs to be done by the very wealthy. It is surprising then how many people still don’t have a Will, or drafted a Will so long ago that it may no longer be relevant. The article below answers some...

IFA legal case jeopardises steelworkers' benefits

  • Posted

The FCA has warned that a judicial challenge to the regulator's British Steel Pension Scheme (BSPS) redress plans by an IFA pressure group might cause the scheme to be delayed and prevent steelworkers from filing complaints with the Financial Ombudsman...

8% of business debts are simply written off as bad debt

  • Posted

It is a staggering statistic that across all sectors, 8% of business debts are simply written off as bad debt.  Debt recovery for any business is perceived as a loss leader.  Most businesses are resigned to accepting that with all the best...

Contract for Difference (CFD)

  • Posted

Many of us have sat at home searching the Internet for quick ways to earn some extra money. Often, we find websites or advertisements promoting financial products, such as shares, bonds, or CFDs. The latter is an extremely complicated financial product that...

Business energy commission claims

  • Posted

IF YOU HAVE USED AN ENERGY BROKER IN THE PAST TO ARRANGE YOUR GAS AND/OR ELECTRICITY THEN STATISTICS SHOW THAT 60% OF THOSE DEALS HAD A HIDDEN COMMISSION. As a client of Smooth Commercial Law, we thought you may be interested in an update on the work we...

Three IFAS have been disqualified as directors over £44m Sipp miss-selling

  • Posted

Aidan Henderson, Andrew Page and Thomas Ward have all been fined by the Financial Conduct Authority (FCA) earlier this year for negligent pension transfer advice. Henderson worked at Henderson Carter Associates Ltd and Page and Ward both worked at Financial...

Financial Conduct Authority (FCA) has fined advice firm £2.4m over British Steel Defined Benefit pension transfers

  • Posted

The FCA has fined Pembrokeshire Mortgage Centre Limited which trades as County Financial Consultants, £2.4m for negligent pension transfer advice given to British Steel pension Scheme (BSPS) members. The firm had advised over 400 consumers on whether...

Financial Conduct Authority confirms £49m in British Steel Redress scheme

  • Posted

Speaking at a press conference this morning, the FCA’s director of consumer investments Therese Chambers said the British Steel situation was ‘truly unprecedented’ and the complex decisions steelworkers were forced to make required...

The Financial Conduct Authority acts to put eight financial services firms in liquidation

  • Posted

The FCA has reported that eight firms who appeared to have connections to each other and may have advised on substantial investment sums have entered liquidation following several warnings from The Financial Conduct Authority (FCA. The firms...

Advice firm with 152 upheld FOS cases sends new claims to FSCS

  • Posted

Portal Financial Services which is also known as Portafina or PFS, which has 152 upheld complaints regarding unsuitable transfer advice is no longer able to process claims. The firm is now pointing new claimants towards the Financial Services Compensation...

Financial Conduct Authority (FCA) could face civil damages lawsuits.

  • Posted

Financial Conduct Authority (FCA) could face civil damages lawsuits. Currently, The Financial Service and Markets Act 2000 gives the FCA and Prudential Regulation Authority immunity from civil liability in damages caused by negligence. Citywire New...

Important changes to eviction notices

  • Posted

Currently, section 21 notices enable private landlords to repossess their properties from assured shorthold tenants without having to establish fault on the part of the tenant. In April 2019 the then Government announced that “private landlords will no...

Tenet Group set aside £13.7m for British Steel redress

  • Posted

Following a review, the advice network Tenet Group has set aside £13.7m for redress over the advice given to members of the British Steel Pensions Scheme In December 2021, the group was contacted by the FCA in connection with a multi-firm thematic...

Kwasi Kwarteng and his Mini Budget

  • Posted

Louise Burns-Lunt BFP FCA summarises the Chancellor’s his mini budget, with changes being made across a number of areas in an effort to stimulate the economy and assist individuals with the cost of living crisis. Income Tax There will be a cut in...

DB transfer firm Succession sets aside £10.5m for unsuitable advice

  • Posted

CityWire reported yesterday that Succession Wealth has set aside £10.5m to compensate for unsuitable defined benefit (DB) pension transfer advice. The provision, included in financial statements for 2021, relates to an advice firm Succession acquired....

BREAKING - SIPP firm Rowanmoor enters administration

  • Posted

The FCA has announced that the £1.4bn SIPP firms Rowanmoor Personal Pensions Limited have entered administration. Adam Stephens and Chris Allen of Evelyn Partners (formerly Tilney Smith & Williamson) have been appointed as joint administrators by...

Better Retirement Group has given up after British Steel claims

  • Posted

The Northampton-based firm Better Retirement Group has had 16 complaints upheld against them relating to defined benefit pensions transfer advice by the Financial Ombudsman Service (FOS). Five of the complaints made were from members of the British Steel...

FSCS to look at Hartley Pensions SIPP Claims as the firm falls into administration

  • Posted

On Friday 29 th July Hartley Pension fell into administration, the firm has been under investigation by the Financial Services Compensation Scheme (FSCS). The firm also trades under Recovery SIPP, Resolution SIPP, and Hubwise Hartley SIPP. The FCA had...

Two men jailed over £22m in Sipp pension fraud

  • Posted

Rikki Nicholls and Mark Kelly have been sentenced to six years in prison for pretending to be financial advisers. The two men ran an unregulated business together that defrauded over 250 clients. The pair facilitated placing £22m of pensions funds into...

Sipp firm hit with another FCA ban

  • Posted

Hartley Pensions has had another FCA ban preventing it from accepting ongoing contributions into self-invested personal pensions (SIPPs) and self-administered pension schemes (SSAS).  It has been reported the Sipp firm has serious operational and...

FSCS to consider sales proceeds from British Steel advice firms

  • Posted

It’s been reported that Vintage Investments Services have proposed a partnership voluntary arrangement. The firm is on the brink of collapse after it fell into trouble over mounting pension transfer claims relating to the British Steel Pension Scheme. ...

New guidance to support employees on their fertility journey

  • Posted

New guidance has been released from Fertility Matters At Work an organisation which set up by three women who have had a career working in HR and reflect on their own personal fertility journeys. The guidance has been put together for employers to support...

New rules for employees in the UK who call in work sick

  • Posted

Across the country, thousands of people call in sick each year due to illnesses. Depending on the severity absence from work can range from a few days, a week, or months. A sick note is required if the employee is absent for more than 7 days, sick note is...

British Steel compensation plans demand from PFS

  • Posted

The FCA has been challenged by The Personal Finance Society (PFS) over their approach to compensating British Steel Pension Scheme (BSPS) members. The PFS has reported that the FCA’s assessment tool process is not sophisticated enough. It has been...

IFA failed to pay FOS compensation

  • Posted

The Financial services Compensations Scheme have  upheld 25 cases against Wellington Court Financial Services after it was discovered the firm gave unsuitable pension transfer advice. On Wednesday 22 nd June 2022, the FSCS said it intended to work...

300 firms invited to British Steel redress roundtable by FCA

  • Posted

Citywire has reported that the Financial Conduct Authority (FCA) has invited around 300 advice firms to a discussion regarding the British Steel redress scheme (BSPS). The roundtable will be held virtually on 27 th and 28 th June.  The group is made...

Pensions compensation rises closer to £375k says FSCS

  • Posted

The Financial Services Compensation Scheme (FSCS) has said the limit people can claim for the loss of their pension should rise closer to £375,000. Currently, clients of collapsed pension firms can only claim up to £85,000 from the lifeboat...

Charter Institute Of Tax dinner

  • Posted

It was good to attend the annual Chartered Institute Of Tax dinner at the Crowne Plaza in Liverpool last night and catch up with many fellow professionals we haven’t managed to see for many years. We were particularly honoured to be joined by Brian...

Update on Heritage Pensions Ltd Liquidation

  • Posted

On 17 th March 2022, Heritage pensions Ltd was placed into liquidation. Directors of Heritage appointed Paul David Williams and Edward Robert Bines of Koll Advisory as joint Liquidators. The FSCS is investigating the SIPP administrator to see if there are...

Updated information regarding section 27 claims against Sipp operators

  • Posted

On 19 th April 2022, in the case of Adams v Options, the Supreme Court refused the SIPP operators application for permission to appeal and as such there will be no further consideration of this case by the Courts. With the uncertainty that followed the...

5 advisers are now banned by the FCA over Sipp scheme which led to £50m FSCS pay-outs

  • Posted

The Upper Tribunal found five advisers guilty of not scrutinising where pension funds were being invested. The FCA has banned the five former advisers for their role in a pension switching scheme into high-risk investments which led to funds being...

Carey case appeal denied by Supreme Court

  • Posted

The Supreme Court has finally given its decision and denied permission to appeal in the long-standing Adams v Carey Pensions case. The case attracted industry-wide interest around SIPP provider obligations when accepting investments....

Sipp provider falls into liquidation after facing £600k FOS bill

  • Posted

Sipp provider Heritage Pensions entered liquidation on 17 th March after its directors became insolvent. Four upheld complaints were published by the FOS each determined Heritage should have to pay the maximum fair compensation award of £150, 000. ...

FCA step in to stop IFA stripping assets from British Steel

  • Posted

AJH Financial Services, an IFA firm based in Swansea who gave pension transfer advice to British Steel members has come under the regulatory spotlight once again. On the 14th February, an alert was published by the regulator raising the concern that AJH...

Sipp firm falls into administration after a string of FOS complaints

  • Posted

Sipp firm Corporate and Professional Pensions who are based in Weymouth have fallen into administration after they were unable to pay a string of Financial Ombudsman Service (FOS) decisions upheld against it. The most recent complaints related to...

Purplebricks faces £30m in payouts over unprotected tenancy deposits

  • Posted

PurpleBricks could have to pay £30m in compensation after putting landlords at risk of being fined. The company’s share price has plummeted over 20 percent following the news. In a statement this morning Purplebricks announced it was delaying...

Poor advice, unregulated advice to blame for sky-high levy - FSCS

  • Posted

FSCS’s lifeboat fund said a significant proportion of its pay-outs are over poor advice. The FCA have reported suggesting they axe investment advice from FSCS’s remit. The FCA states poor advice is the main reason for the soaring high complaints...

FCA paid out £4.7m over IFA fraudulent Brazilian forestry scheme

  • Posted

The Financial Services Compensation Scheme (FSCS) has paid out £4.7m in respect of Total Wealth Solutions, a collapsed IFA that advised clients to invest their pensions in a fraudulent Brazilian forestry scheme. In 2017 the Bedfordshire- based firm...

Financial Conduct Authority changed complaints process

  • Posted

The FCA has been accused of unlawfully changing its complaints scheme “via the backdoor” to avoid paying compensation. Last year the Financial Conduct Authority published guidelines that said consumers would only be entitled to compensation when...

Uncertain times for North East High Street Group investors

  • Posted

Reports have been published highlighting the reasons for auditors resigning from the High Street Group after compiling the company’s accounts. Accountants PwC stood down as auditors of High Street Group - the developer behind Hadrian’s Tower in...

Client to be compensated for negligent advice given by TenetConnect

  • Posted

Ombudsman backs client after TenetConnect failed to give her suitable advice. The individual who is known as Mrs L to protect her identity raised the claim with FOS after unsuitable advice caused her to pay tax that she felt could have been avoided. Mrs...

Warning signs when decarbonising your home

  • Posted

The UK government have set out a long-awaited Heat and Building strategy to set out a road map on how we can decarbonise our homes. Part of the strategy includes grants to help people replace their boilers with air-source heat pumps. The current cost for...

FCA extended investigation into British Steel enforcement

  • Posted

It is believed that the number of advice firms being investigated as part of the British Steel Pensions Scheme (BSPS) probe has increased in the last month. Around 40 firms are now under FCA enforcement investigation over advice given to steelworkers in...

SIPP provider Forthplus Pensions into administration

  • Posted

Self-invested personal pension (SIPP) provider ForthPlus Pensions has entered administration after failing to secure continued professional indemnity insurance (PII). Forthplus had around 2,500 customers which were predominantly in the UK. The company...

Footballers demand compensation

  • Posted

850 footballers are demanding compensation from 17 firms after players performance information was published without their consent. Data like the players, height, average goals per game, which the players do not receive any payment for. Under article 4 of...

Court backed repayment scheme for Provident Financial customers to claim compensation for mis-sold loans

  • Posted

Provident Financial has set aside £50m to repay customers who were sold unaffordable loans. Customers will not get all their money back as the court has agreed on a compensation scheme with the firm to ensure that it does not go into liquidation. Why...

The Double Whammy of Rising Energy Bills and Secret Commissions

  • Posted

Once again, the hapless consumer is paying the price for the greed of others, but consumers have been paying more for their energy than they should have for many years. Secret Commissions If you or your business swapped energy suppliers, especially by...

Energy Crisis

  • Posted

A global surge in wholesale power and gas prices has shocked the world, this could see major energy companies go bust. Many households may be looking to switch to a new energy supplier on a cheaper tariff, however, please be aware of the hidden commissions...

Cold calling leads to unsuitable investment

  • Posted

Our client was wrongly advised by St Pauls Marketing Limited (an Appointed Representative of Alexander David Securities Limited) to transfer her pension to a self-invested personal pension (SIPP) and invest in an unsuitable investment. Our client was cold...

Negligent advice provided by IFA to transfer investments into Dolphin/SIPP

  • Posted

David Smith, Legal Executive at Smooth Commercial Law has been dealing with a case for over a year for a client who was wrongly advised on their pension investments. Negligent advice was provided by an IFA to our client to instruct them to transfer their...

Victories for BI claims this month

  • Posted

We’ve been celebrating some victories for clients this month with an end to some quite protracted negotiations with insurers and their agents on our client’s BI claims. Louise Burns-Lunt our in-house chartered accountant has been handling the...

FSCS appeal upheld for Dolphin Trust investors

  • Posted

Our clients invested into Dolphin Trust, later known as German Property Group, in 2017. They did so by purchasing a loan note for £20,000.00 following advice from Active Wealth (UK) Limited.  The Dolphin Trust, now known as The German...

Landlords Beware: Tenancy Deposit Schemes, Retaliatory Evictions and changes to Section 21 Notices

  • Posted

The Deregulation Act 2015 (the “Act”) received Royal Assent on the 26 March 2015 and amended provisions in both the Housing Act 1988 (“HA 1988”) and the Housing Act 2004 (“HA 2004”).   The Act introduced a number of...

How to maximise your return on unpaid invoices

  • Posted

According to Zurich's latest SME Risk Index, over half of Britain's SMEs have problems with late payment, with £225bn in unpaid invoices . These figures highlight the common problem of late payment. Unpaid invoices can have severe...

New Forms for Requesting a Warrant following a Suspended Possession Order

  • Posted

The recent Court of Appeal decision in the case of Cardiff County Council v Lee held that the Court's permission is required to issue a warrant for possession on a Suspended Possession Order ('SPO'). Previous process to request a warrant ...