Once consumers accept a Financial Ombudsman Service (Fos) award firms cannot be sued again, says Reynolds Porter Chamberlain (RPC).
Commercial law firm RPC says a recent Court of Appeal judgment – Fraser v HLMAD Ltd – means once a claimant against a financial services company has accepted a Fos award they will not be able to pursue the company through the courts for any additional sums. RPC says the case, which related to the statutory cap on employment tribunal payments, will make it almost impossible for a customer of a financial services company to get more than £100,000 through the Fos. In this case, the claimant won his employment tribunal claim for wrongful dismissal but was only awarded the statutory maximum ...
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