The Financial Ombudsman: review of FOS decisions

The decision of Jay J in R (Aviva Life & Pensions (UK) Ltd) v McCulloch [2017] EWHC 352 (Admin) is the first on the application of FOS principles to insurance policies. It is clear from the decision that the FOS has a wide discretion as to how to decide cases, and that the courts have a very limited jurisdiction to overturn FOS rulings on their merits. The issue in Aviva was largely procedural, but the judgment contains vital guidance for the future.

The Financial Ombudsman Service scheme