header-logo header-logo

Common sense prevails

04 April 2014 / Adam Edwards
Issue: 7601 / Categories: Features , Commercial
printer mail-detail
web_edwards

FOS awards cannot be used as a springboard for litigation, says Adam Edwards

The Court of Appeal has overturned the High Court’s decision that the doctrine of merger does not apply to final decisions of the Final Ombudsman Service (FOS). This means that once claimants accept a FOS final determination, it is final and binding such that they cannot pursue civil proceedings for losses over and above the current £150,000 redress limit of FOS jurisdiction.

Complaint

Mr and Mrs Clark (the Clarks) originally raised a complaint through FOS against In Focus Asset Management & Tax Solutions Ltd (In Focus). It was alleged that In Focus had provided poor investment advice, which had caused the Clarks to suffer losses of over £500,000.

FOS upheld the Clarks’s complaint in January 2010. FOS awarded the maximum redress amount within its jurisdiction (£100,000 at that time, now increased to £150,000). In accordance with the statutory regime governing the FOS process, the decision was given as “final and binding” on the parties and FOS also made a recommendation that In Focus pay redress over and above the FOS redress

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll