Uploaded January 2023 | Updated September 2026, 2 weeks ago
BOOK REVIEW
MIS-SELLING FINANCIAL SERVICES
Second edition
By Jonathan Kirk KC, Thomas Samuels, and Lee Finch
ISBN 978 1 80088 369 1
EDWARD ELGAR PUBLISHING
e-elgar.com
AN IN-DEPTH ANALYSIS FOR LITIGANTS INVOLVED IN THE MIS-SALE OF FINANCIAL PRODUCTS AND SERVICES
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
The new second edition of “Mis-selling Financial Services” from Elgar remains a highly practical guide to litigating claims arising from the mis-sale of financial products and services. The authors are Jonathan Kirk KC, Thomas Samuels, and Lee Finch. The new edition arrives at just the right time as we grapple with a serious cost of living crisis in the UK.
We often hear the phrase “the value of your investment may go down as well as up”. The authors write that it is a phrase “with which every reader of this work will be familiar”. And this statement is, of course, the starting point because it appears in all sorts of documents provided by organisations such as the banks, independent financial advisers, and insurers to name a few.
The authors do say that “the reasonably well-informed and circumspect ‘average’ person understands that many financial transactions carry with them a degree of risk”. Too true which is why this book is for you. The reason is because most ‘mis-selling’ claims are about “just that”. In other words, the realism concerning a financial product “which has either dropped or not risen in value”.
Edward Elgar is an independent publishing house which covers 'mis-selling' litigation for their “Financial Law and Practice” series and offers us here an updated overview of the regulatory landscape as it is in 2023, in about 400 easy-to-read pages. It is a book which explores how such claims are formulated and offers us a thorough review of the key issues involved which will be of great assistance to those new to the subject. It is thoroughly referenced throughout with a sensible sized index.
What we get for the second edition are revised chapters which reflect an “in-depth analysis of the financial products which most commonly form the subject of such claims, from credit to collective investment schemes”. These are, of course, just a few of the areas covered in the nine chapters which should yield the guidance you seek.
Also, we are offered key features which cover updated new chapters on the work of the Financial Ombudsman Service (FOS) and unfair terms. An explanation of the key issues and considerations concerning mis-selling litigation are well covered. Clear and concise analysis on the law relating to the mis-selling of regulated financial services products are explained, and an overview of the UK and European regulatory framework governing the sale of financial products is stated with particular focus on five key product types: credit, mortgages, investments, insurance, and collective investment schemes. So, something for everyone!
Kirk, Samuels, and Finch consider key legal and practical concepts and issues throughout this book. It is an essential read for practitioners and in-house counsel working in the financial services industry. Academics who are researching within the fields of financial services law or consumer protection will also find this to be an informative text. Thank you, Elgar, for making our lives so much easier with books like this one.
The date of publication of this new hardback second edition from Edward Elgar Publishing is cited as 5th November 2022.
BOOK REVIEW
MIS-SELLING FINANCIAL SERVICES
Second edition
By Jonathan Kirk KC, Thomas Samuels, and Lee Finch
ISBN 978 1 80088 369 1
EDWARD ELGAR PUBLISHING
e-elgar.com
AN IN-DEPTH ANALYSIS FOR LITIGANTS INVOLVED IN THE MIS-SALE OF FINANCIAL PRODUCTS AND SERVICES
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
The new second edition of “Mis-selling Financial Services” from Elgar remains a highly practical guide to litigating claims arising from the mis-sale of financial products and services. The authors are Jonathan Kirk KC, Thomas Samuels, and Lee Finch. The new edition arrives at just the right time as we grapple with a serious cost of living crisis in the UK.
We often hear the phrase “the value of your investment may go down as well as up”. The authors write that it is a phrase “with which every reader of this work will be familiar”. And this statement is, of course, the starting point because it appears in all sorts of documents provided by organisations such as the banks, independent financial advisers, and insurers to name a few.
The authors do say that “the reasonably well-informed and circumspect ‘average’ person understands that many financial transactions carry with them a degree of risk”. Too true which is why this book is for you. The reason is because most ‘mis-selling’ claims are about “just that”. In other words, the realism concerning a financial product “which has either dropped or not risen in value”.
Edward Elgar is an independent publishing house which covers 'mis-selling' litigation for their “Financial Law and Practice” series and offers us here an updated overview of the regulatory landscape as it is in 2023, in about 400 easy-to-read pages. It is a book which explores how such claims are formulated and offers us a thorough review of the key issues involved which will be of great assistance to those new to the subject. It is thoroughly referenced throughout with a sensible sized index.
What we get for the second edition are revised chapters which reflect an “in-depth analysis of the financial products which most commonly form the subject of such claims, from credit to collective investment schemes”. These are, of course, just a few of the areas covered in the nine chapters which should yield the guidance you seek.
Also, we are offered key features which cover updated new chapters on the work of the Financial Ombudsman Service (FOS) and unfair terms. An explanation of the key issues and considerations concerning mis-selling litigation are well covered. Clear and concise analysis on the law relating to the mis-selling of regulated financial services products are explained, and an overview of the UK and European regulatory framework governing the sale of financial products is stated with particular focus on five key product types: credit, mortgages, investments, insurance, and collective investment schemes. So, something for everyone!
Kirk, Samuels, and Finch consider key legal and practical concepts and issues throughout this book. It is an essential read for practitioners and in-house counsel working in the financial services industry. Academics who are researching within the fields of financial services law or consumer protection will also find this to be an informative text. Thank you, Elgar, for making our lives so much easier with books like this one.
The date of publication of this new hardback second edition from Edward Elgar Publishing is cited as 5th November 2022.
