Stephen Kosmin successful in substantive financial services judicial review

Stephen Kosmin successful in substantive financial services judicial review


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Stephen Kosmin successfully defended the Financial Ombudsman Service in the High Court in judicial review proceedings arising from an Ombudsman’s decision concerning the scope of a legal expenses insurance policy. Clare Moulder, sitting as a Deputy High Court Judge, dismissed the claimant’s application for judicial review, holding that the Financial Ombudsman Service was not required to seek independent legal advice when resolving a dispute; rather, its remit was to determine disputes on the basis of evidence presented to it. The challenge on the basis of irrationality was accordingly dismissed and the Financial Ombudsman Service was awarded its costs.

Further details are contained in the Lawtel Report.


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