A Practical Guide to Financial Ombudsman Service Claims - Second Edition

This book cuts a path through the rules of the Financial Ombudsman Service (or ‘FOS’) with practical guidance to the law and procedure of FOS complaints. It provides an indispensable guide for lawyers navigating such complaints, and for those who wish to challenge FOS decisions before the Courts. It also addresses the difficult area of how FOS complaints interact with Court procedures.

ABOUT THE AUTHORS

Adam Temple is a barrister at 3 Verulam Buildings, specialising in financial services law. He regularly appears for the Financial Conduct Authority in regulatory cases, and for banks, IFAs and insurance companies in all manner of disputes. He has particular expertise in FOS claims and is regularly instructed to advise on matters of systemic interest to his clients, including in judicial reviews of FOS decisions.

Devon Airey is a barrister at 3 Verulam Buildings with experience acting on banking and financial services disputes. She has assisted with cases arising from FOS decisions, as well as disputes under the Financial Services and Markets Act and the FCA Handbook.

CONTENTS

Chapter One – Introduction to the FOS
Chapter Two – The Complaint
Chapter Three – The FOS’s Compulsory and
Chapter Four – The FOS’s Territorial Jurisdiction
Chapter Five – Who Is an Eligible Complainant?
Chapter Six – Time Limits for Complaints to the FOS
Chapter Seven – Procedure: An Introduction
Chapter Eight – Determining Jurisdiction and Summary Dismissal of Complaints
Chapter Nine – Fact Finding
Chapter Ten – Oral Hearings
Chapter Eleven – Determining the Complaint: The FOS’s ‘Fair and Reasonable’ Approach
Chapter Twelve – Paying for the Complaint
Chapter Thirteen – FOS Awards
Chapter Fourteen – How an Award Is Accepted or Rejected,
Chapter Fifteen – Enforcement of FOS Awards in Court
Chapter Sixteen – Interaction Between the FOS and Litigation
Chapter Seventeen – Challenging FOS Decisions in the Courts: Judicial Review and Other Options Procedure
Chapter Eighteen – The Respondent’s Insolvency: The FSCS and the Third Party (Rights Against Insurers) Acts
Chapter Nineteen – Complaining About the FOS
Chapter Twenty – FOS and the FCA Consumer Duty