FOS complaints and civil proceedings

June 30, 2014

By James Ross
Barrister, Gough Square Chambers

FINANCIAL REGULATION : NEGLIGENCE : CIVIL PROCEDURE : ADMINISTRATIVE LAW
CAUSES OF ACTION : COMPENSATION : FINANCIAL ADVISERS : FINANCIAL OMBUDSMAN SERVICE : FINANCIAL SERVICES : NEGLIGENCE : RES JUDICATA : EFFECT OF AWARD UNDER FINANCIAL OMBUDSMAN SCHEME ON ABILITY TO BRING FURTHER CLAIMS : APPLICATION OF RES JUDICATA : FINANCIAL SERVICES AND MARKETS ACT 2000 s.228(5)

Summary: The Financial Ombudsman Service (FOS) is an increasingly important means of alternative dispute resolution in respect of complaints made by consumers, micro-enterprises and small charities. The recent Court of Appeal decision in Clark v In Focus Asset Management provides timely clarification of a complainant’s ability to bring civil proceedings having previously made a successful FOS complaint. This article also considers the relationship between the FOS jurisdiction and court proceedings in the context of applications to strike out proceedings, stays of proceedings pending resolution of a FOS complaint, and costs in civil proceedings where a party has failed to engage appropriately with the FOS process.

Cases cited
Andrew v Barclays Bank plc [2012] EWHC B13 (Mercantile)
Andrews v SBJ Benefit Consultants [2011] PNLR 577
Binns v FirstPlus Financial Group plc [2013] EWHC 2436 (QB)
Clark v In Focus Asset Management and Tax Solutions Limited [2014] EWCA Civ 118
Jameel v Dow Jones and Co [2005] QB 946
McGlinn v Waltham Contractors Limited [2006] 1 Costs LR 27
PGF II SA v OMFS Company 1 Limited [2013] EWCA Civ 1288
R (Tshikangu) v Newham LBC [2001] EWHC Admin 92

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