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

Joanna Gray (University of Newcastle upon Tyne, Newcastle upon Tyne, UK)

Journal of Financial Regulation and Compliance

ISSN: 1358-1988

Article publication date: 14 November 2008

111

Abstract

Purpose

The article's aim is to report and comment on the Court of Appeal case Shore v. Sedgwick Financial Services Ltd & Others.

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

Citation

Gray, J. (2008), "Court of appeal confirms decision that claim in relation to pension transfer and drawdown advice is time barred", Journal of Financial Regulation and Compliance, Vol. 16 No. 4, pp. 421-425. https://doi.org/10.1108/13581980810918459

Publisher

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Emerald Group Publishing Limited

Copyright © 2008, Emerald Group Publishing Limited

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