FOS to change ruling wording after High Court decision

Laura Miller
clock

The Financial Ombudsman Service (FOS) will change the wording on its rulings to say that consumers who it has awarded compensation to can also pursue a legal case for redress following a High Court decision last week.

In the case of Barry and Julie Clark against Focus Asset Management, Judge Ross Cranston ruled that the FOS' use of the phrase "full and final settlement" in relation to the award it handed to the couple refers only to a final stage in the FOS process, and does not mean the case cannot be taken to court as well. This contradicts an earlier judgement in 2010 which found that an investor could not pursue a claim in the courts after winning at the FOS. In response to the latest ruling - which could see Focus Asset Management pursued for more than £500,000 - the FOS has said it will now c...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Regulation

SDR 'not straightforward' for MPS providers and DFMs

SDR 'not straightforward' for MPS providers and DFMs

‘Serious amount of additional resource’ needed, WHEB AM says

Isabel Baxter
clock 29 January 2025 • 4 min read
FCA's plan to axe Consumer Duty board champions 'questionable'

FCA's plan to axe Consumer Duty board champions 'questionable'

Concerns raised over the role being axed too soon

Isabel Baxter
clock 20 January 2025 • 3 min read
FCA to lean more on Consumer Duty to swerve introducing additional regulation

FCA to lean more on Consumer Duty to swerve introducing additional regulation

Consumer Duty champion board requirement to be axed

Cristian Angeloni
clock 20 January 2025 • 2 min read