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The recent case of R (Aviva Life and Pensions) v Financial Ombudsman Service discusses and reaffirms the position that the Financial Ombudsman is not bound to follow the law when making its determinations but must instead make decisions that are “fair and reasonable in all the circumstances”. This reaffirms the Court of Appeal decision in R (Heather Moor & Edgecomb) v FOS from 2008, but casts some doubt upon whether the law in this area should remain as it is.…
Introduction The recent High Court decision in American Leisure Group Limited v Olswang LLP demonstrates that if a Claimant issues proceedings on the eve of limitation but gets the Defendant’s name wrong, it runs a very serious risk (as here) of not being allowed to substitute the correct Defendant. Claimants and their lawyers beware. The Facts Olswang was a solicitors’ partnership and it acted for ALG. It later converted to LLP status and became Olswang…