FOS compensation is binding on claimant — Clark v In Focus

By Ian Greenstreet

The Court of Appeal has upheld an appeal from the High Court decision in Clark v In Focus that Financial Ombudsman Service (FOS) decisions are not binding on the claimant. This gives firms some degree of certainty. Once they have paid compensation as directed by FOS, they will not then be open to further challenge in the courts in relation to the same facts.

The maximum compensation FOS can award is £150,000 (it was £100,000 at the time of the Clark complaint) regardless of the size of the alleged loss. It had generally been assumed, until the High Court decision in Clark, that if the claimant accepted the compensation awarded by FOS then that was an end to the matter…

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