header-logo header-logo

Financial Ombudsman acted irrationally

The High Court has handed down detailed guidance for the first time on the correct approach in law to the Financial Ombudsman’s powers to reopen complaints.

In R (Greg Moniak) v Financial Ombudsman Service [2023] EWHC 333 (Admin), the claimant was the victim of fraud, which resulted in his life savings being emptied from his bank account. The fraudsters were convicted and sentenced at the Old Bailey in 2018.

Moniak, unrepresented, brought a complaint to the Ombudsman against his bank, Barclays, for failing to act on alleged red flags. The Ombudsman rejected this, relying partly on a note provided by Barclays on sentencing remarks made by the judge. Moniak then obtained a transcript of the sentencing and summing up, which contradicted Barclays’ note. The Ombudsman also rejected this as not ‘material new evidence’.

However, Moniak, represented pro bono by James MacDonald KC of One Essex Court, succeeded at judicial review. Deputy High Court Judge Obi held the transcripts were material and the Ombudsman acted irrationally.

MOVERS & SHAKERS

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
back-to-top-scroll