| 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 |
||