‘A Practical Guide to Financial Ombudsman Service Claims’ by Adam Temple and Robert Scrivener
Published: May 2018
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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 4 Pump Court, 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. He has appeared for an Interested Party in a judicial review of a FOS decision.
Robert Scrivener is a barrister at 4 Pump Court. He routinely acts in banking and financial services disputes, particularly appearing for insurers, banks and other authorised firms. He has been instructed on a number of cases arising from FOS decisions, and is often instructed in disputes giving rise to issues under the Financial Services and Markets Act and the FCA Handbook.
Chapter 1 – Introduction to the FOS
Chapter 2 – The Complaint
Chapter 3 – the FOS’s Compulsory and Voluntary Jurisdictions
Chapter 4 – The FOS’s Territorial Jurisdiction
Chapter 5 – Who Is an Eligible Complainant?
Chapter 6 – Time Limits for Complaints to the FOS
Chapter 7 – Procedure: An Introduction
Chapter 8 – Determining Jurisdiction and Summary Dismissal of Complaints
Chapter 9 – Fact Finding
Chapter 10 – Oral Hearings
Chapter 11 – Determining the Complaint: The FOS’s ‘Fair and Reasonable’ Approach
Chapter 12 – Paying for the Complaint
Chapter 13 – FOS Awards
Chapter 14 – How an Award Is Accepted or Rejected, and the Consequences
Chapter 15 – Enforcement of FOS Awards in Court
Chapter 16 – Interaction Between the FOS and Litigation
Chapter 17 – Challenging FOS Decisions in the Courts: Judicial Review and Other Options
Chapter 18 – The Respondent’s Insolvency: the FSCS and the Insurance Acts