No second bite of the cherry

If you refer a complaint to the Financial Ombudsman Service (FOS), can you accept their decision and then pursue a civil court claim for damages incurred over and above the amount awarded by the FOS?

Not anymore after the Court of Appeal overturned a decision from the High Court which allowed claimants to pursue further damages. Prior to this I was able to use the High Court decision to secure an additional £200,000 through the civil courts for a client who had accepted a favourable decision from the FOS.

In cases where losses exceed the £150,000 award limit of the FOS, claimants will now need to decide whether to accept the FOS award and limit recovery to £150,000 or reject the award and pursue their losses in full through the courts.

For advice on this or more general commercial dispute resolution, contact Craig O’Hara on 01625 531 676 or email

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