14 July 2008
Following the Court of Appeal's decision in 'Heather Moor &
Edgecomb Ltd v Financial Ombudsman Service (FOS)', experts are
predicting that the Pensions Ombudsman could be given wider
discretion.
The Court of Appeal ruled that FOS need not follow the law, he
must only take account of it when determining what is fair and
reasonable.
Pinsent Masons, said: "Current case law says the Pensions
Ombudsman must follow the law. However, following the logic of this
case he could argue he has freedom to apply a wider discretion in
issuing his determination than common law would otherwise
allow."
