Case Note - Jackson v Leslie & Nuding  EWHC 1308 - The risks of Traded Life Policies
We were asked to act as experts in the case of Jackson v Leslie & Nuding  EWHC 1308. In summary, a well-diversified pension scheme was transferred in to a single asset class of traded life policies (TLP) with a resultant effective total loss for the claimant. These are highly risky and speculative investments also known as UCIS (unregulated Collective Investment Schemes) or NMPI (Non Mainstream Pooled Investments).
This is a notable case for a number of reasons and with kind permission of Guildhall Chambers attached below is the case note by John Virgo, Counsel for the Claimant. Of note were there rejection of the defendants argument that the FCA's concerns were being applied retrospectively as in the view of the judge, HHJ Havelock-Allen QC, a financial adviser would have been aware to the risks if he was doing his job properly.