Take it or leave it? Financial Ombudsman Service awards and res judicata
By Andrew Foyle
The courts in England have ruled that accepting an award from the Financial Ombudsman Service (FOS) can be a bar to any further proceedings in England and Wales. Shoosmiths examines whether the same principles apply in Scotland.
In its recent judgment in Clark v In Focus Asset Management ( EWCA Civ 118), the Court of Appeal in England and Wales ruled that an award by the FOS to a consumer in a dispute with a service provider can act as a bar to future litigation on the same subject matter.
Scottish law recognises a similar principle (known as res judicata), so the question may arise as to whether the Court of Appeal’s reasoning would apply in similar circumstances in Scotland….
Click on the link below to read the rest of the Shoosmiths briefing.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
Most businesses are now aware that all breaches of health and safety legislation are treated extremely seriously by the courts.
With NHS statistics suggesting obesity levels are increasing, a recent case has looked at whether obesity can amount to a disability and come within discrimination provisions.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…