Negligent stockbroker

Case study 3 A stockbroking firm advised a widow in her late 70s to invest part of her €1

Case study 3A stockbroking firm advised a widow in her late 70s to invest part of her €1.5 million portfolio in a number of technology shares when she had made it clear that she did not want any high-risk shares to be included.

The leading stockbroking firm also misled the woman about the nature of a bond investment, failing to mention that any exit from the investment before the end of its 10-year term would be subject to a penalty of 9 per cent.

The ombudsman also found that the customer had been led to believe that she would receive tax-free income for the 10 years of the investment, whereas the income was actually a repayment of her own money, thereby eroding the capital invested.

The ombudsman found that the stockbroking firm was guilty of negligence and that there was a breach of duty to the complainant in respect of the advice it had given her.

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He directed that the stockbroking firm refund to the complainant all fees in relation to the bond to date - a sum of €17,000 - and to charge no further commission in fees.

The ombudsman also directed that the stockbroking firm pay the complainant compensation of €1,500.