Discussion on CPR 7 Notice ????

[Brandy1234]

This seems to apply to SRA Principles. If the FCA's principles (in respect of the regulation of financial institutions) are anything to go by, FSMA specifically precludes private individuals from having the standing to sue for beaches of them.

Private Individuals are not precluded at all::

https://www.justice.gov.uk/courts/pr...tocol/prot_neg

If the firm of solicitors do not deal with the issue, then the consumer can issue proceedings:

14.3 Where possible 14 days written notice should be given to the professional before proceedings are started, indicating the court within which the claimant is intending to commence court proceedings.

14.4 If proceedings are commenced they should be served in accordance with Part 6 of the Civil Procedure Rules.”

The court has a duty to inform the SRA and FCA, these Authorities would bring proceedings under the FSMA if applicable from thereoon

[Brandy1234]

Hi reading through this did anyone mention to you about contacting the financial ombudsman service?

The FOS would not deal with a professional negligence claim as far as the protocol shows.

[sloane82]

Oh right its just that to begin with you could have gone down the financial ombudsman service route and they would have got all your charges back goodwill gestures interest etc, and I would have asked them to freeze the interest on the account.

[EXC]

Private Individuals are not precluded at all::

https://www.justice.gov.uk/courts/pr...tocol/prot_neg

If the firm of solicitors do not deal with the issue, then the consumer can issue proceedings:

14.3 Where possible 14 days written notice should be given to the professional before proceedings are started, indicating the court within which the claimant is intending to commence court proceedings.

14.4 If proceedings are commenced they should be served in accordance with Part 6 of the Civil Procedure Rules.”

The court has a duty to inform the SRA and FCA, these Authorities would bring proceedings under the FSMA if applicable from thereoon

SRA Principles are ethical obligations imposed by the regulator. They aren't the law and therefore I don't think breaches of them are actionable by anyone other than the regulator.

[Brandy1234]

1 Scope of the Protocol

1.1 This Protocol is designed to apply when a claimant wishes to claim against a professional (other than construction professionals and healthcare providers) as a result of that professional's alleged negligence or equivalent breach of contract or breach of fiduciary duty. Although these claims will be the usual situation in which the protocol will be used, there may be other claims for which the protocol could be appropriate.