Ross Fentem & Jay Jagasia consider the Administrative Court's decision in R (on the application of Chancery (UK) LLP) v FOS [2015] EWHC 407 (Admin)

22 Dec, 2015

Ross Fentem and Jay Jagasia consider the Administrative Court's decision in R (on the application of Chancery (UK) LLP) v FOS [2015] EWHC 407 (Admin), in which Ouseley J rejected a challenge to the Financial Ombudsman's decision that it had jurisdiction to consider a complaint emanating from a failed tax mitigation scheme. The decision is of interest on a number of fronts - not only on the boundaries of FOS jurisdiction (and how, and by whom, those boundaries are to be determined), but also for the discussion on and application of the statutory test for a Collective Investment Scheme in section 235(1) Financial Services and Markets Act 2000.

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