Decision Upholds Financial Services Ombudsman Complaints Procedure
Originally published in the Commercial Litigation and Dispute Resolution Newsletter Winter 2011.
In the recent case of John Caffrey v the Financial Services Ombudsman(4) (the "Caffrey Case") the High Court has re-affirmed the position adopted in Ulster Bank Investment Funds Limited v the Financial Services Ombudsman(5) that the appellant of a Financial Services Ombudsman (the "FSO") decision must establish as a matter of probability that "the decision reached was vitiated by a serious and significant error or a series of such errors". Accordingly, an appeal to the High Court of an FSO decision is not a new hearing of a complaint but rather involves a review of the FSO's decision making procedure.
The Caffrey...
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