In this article, published in Butterworths Journal of International Banking and Financial Law, Ben Smiley and Helena Spector examine recent case law concerning the frequently thorny question of whether those who make high-value, sophisticated personal investments are “consumers” and/or are “professional clients” for the purposes of different legislation such as the Consumer Rights Act 2015 and the FCA Handbook, and thus are entitled to the protections therein. The contest over these protections for high-value investors is likely to continue.
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