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Challenging FOS Decisions

03 March, 2011 - Source: The Financial Services Forum

While consumers have the right to take their complaints to Court if they are dissatisfied with the Financial Ombudsman Service’s (FOS) final decision, firms have no such right and, in effect, are deprived of a proper appeals process.

This article was first published in Money Marketing on February 24 2011

Generally, the only challenge a firm is able to make against a FOS decision is by means of Judicial Review (JR) under one or more of four available grounds, namely error of law, irrationality, serious procedural irregularity, and action for an improper purpose. It is extremely difficult to succeed in such an application.

Simon Morris, Partner, and Sarah Redlich, Senior Solicitor, CMS Cameron McKenna

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