High Court allows application for permission to bring judicial review proceedings relating to the jurisdiction of the FOS

By Sarah Hitchins

This case report considers the High Court’s decision to allow an application for permission to bring judicial review proceedings relating to the jurisdiction of the Financial Ombudsman Service (FOS). The application turned on the eligibility of the complainant to have his complaint considered by the FOS.

Bluefin Insurance Services (the claimant) is an insurance broker. The claimant applied for permission to bring judicial review proceedings to challenge a decision made by the FOS to accept jurisdiction over a complaint made against it. The complaint was made by an individual (the complainant) and related to the claimant’s alleged failure to notify the complainant’s claim under a directors and officers (D&O) liability policy.

The claimant argued that the FOS did not have jurisdiction to consider the complaint on the basis that the complainant did not fall within the definition of ‘eligible complainant’ in part 2.7 of the Financial Conduct Authority’s Dispute Resolution: Complaints sourcebook…

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