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You are viewing DISP Sch 5 Actions for damages for contravention under section 138D of the Act as of . DISP Sch 5 Actions for damages for contravention under section 138D of the Act was last updated on 01/04/2013.

DISP Sch 5 Actions for damages for contravention under section 138D of the Act

01/04/2013G
1The table below sets out the rules in DISP contravention of which by an authorised person may be actionable under section 138D of the Act (Actions for damages) by a person who suffers loss as a result of the contravention.
2If a "Yes" appears in the column headed "For private person?", the rule may be actionable by a "private person" under section 138D (or, in certain circumstances, his fiduciary or representative; see article 6(2) and (3)(c) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (SI 2001 No 2256)). A "Yes" in the column headed "Removed" indicates that the FCA has removed the right of action under section 138D(3) of the Act. If so, a reference to the rule in which it is removed is also given.
3The column headed "For other person?" indicates whether the rule may be actionable by a person other than a private person (or his fiduciary or representative) under article 6(2) and (3) of those Regulations. If so, an indication of the type of person by whom the rule may be actionable is given.
01/04/2013G
   Right of Action under s138D
Chapter/AppendixSection/AnnexParagraphFor private person?Removed?For other person?
1 Complaints handling arrangements for firmsAll rules apart from DISP 1.11.13 R and DISP 1.11.14 R-Yes--
1714 and 15NoYes - DISP 1.11.21 RNo
2 Jurisdiction rules--Yes--
3 Complaints handling procedures of the Financial Ombudsman Service--Yes--
4 The standard terms--N/A--