Clark v In Focus
Court of Appeal gives permission to the Defendant to make a second appeal
This case, decided in December 2012, has generated considerable interest and controversy especially in the insurance market. To recap, Cranston J (on appeal from the County Court) decided that it is open to a complainant to the Financial Services Ombudsman to accept an award made by the Ombudsman and sue in Court for additional sums beyond the monetary limit on Ombudsman's awards.
In so deciding Cranston J declined to follow the previous decision of the High Court in Andrews v SBJ.
Simon Howarth acted on behalf of the unsuccessful Defendant.
The Court of Appeal has now given permission to the Defendant to make a second appeal to the Court of Appeal, on the basis that the point is one of general importance and the conflict of High Court authority needs to be resolved. No date for the appeal has yet been fixed.
For further information about Simon's practice or for details of his availability, please contact the clerking team T. 020 7643 5000
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