000 02139cab a22002415a 4500
001 L142257
008 080131e20071102xxk f v 000 0 eng d
035 _a(Sirsi) u142257
041 0 _aeng
245 0 0 _aR (on the application of Brinsons) v Financial Ombudsman Ltd
_h[electronic resource]
260 _c2007
520 _a[2007] EWHC 2534 (Admin), 31 August 2007. Considers whether a former member of the Personal Investment Authority Ombudsman Scheme was obliged to cooperate with a complaint regarding his business which arose during the term of his membership. The claimant firm (B) applied for judicial review of the Financial Ombudsman Service (F)'s decision that F had jurisdiction to hear a complaint made against B by former clients. The complaint was regarding the misselling of an endowment policy. B was a member of the Scheme at the time of the sale, but was exempted from 1997 until 2002, when the Scheme no longer applied. "Held": Article 3(a) of the Financial Services and Markets Act 2000 (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001 required B to have been a member of a former scheme immediately before introduction of the Financial Services and Markets Act 2000. The rules of the Scheme provided that B would be liable for any complaints arising from B's actions during his membership and the Scheme was relevant up to the 2000 Act. Accordingly, B was subject to F. Application refused.
590 _aKA
650 2 4 _aR (BRINSONS) V FINANCIAL OMBUDSMAN SERVICE LTD
650 2 4 _aFINANCIAL SERVICES ACT 1986 S7
650 2 4 _aFINANCIAL SERVICES AND MARKETS ACT 2000
650 2 4 _aFINANCIAL SERVICES AND MARKETS ACT 2000 (TRANSITIONAL PROVISIONS) (OMBUDSMAN SCHEME AND COMPLAINTS SCHEME) ORDER 2001
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE-DUTY OF CARE-LIABILITY
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Admin/2007/2534.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c79760
_d79760