header-logo header-logo

Financial Ombudsman acted irrationally

The High Court has handed down detailed guidance for the first time on the correct approach in law to the Financial Ombudsman’s powers to reopen complaints.

In R (Greg Moniak) v Financial Ombudsman Service [2023] EWHC 333 (Admin), the claimant was the victim of fraud, which resulted in his life savings being emptied from his bank account. The fraudsters were convicted and sentenced at the Old Bailey in 2018.

Moniak, unrepresented, brought a complaint to the Ombudsman against his bank, Barclays, for failing to act on alleged red flags. The Ombudsman rejected this, relying partly on a note provided by Barclays on sentencing remarks made by the judge. Moniak then obtained a transcript of the sentencing and summing up, which contradicted Barclays’ note. The Ombudsman also rejected this as not ‘material new evidence’.

However, Moniak, represented pro bono by James MacDonald KC of One Essex Court, succeeded at judicial review. Deputy High Court Judge Obi held the transcripts were material and the Ombudsman acted irrationally.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll