Andrews v SBJ Benefit Consultants

Andrews v SBJ Benefit Consultants

Once the claimant accepted the final determination of the Financial Ombudsman Service, which resolved the same subject matter as the present claim, the doctrine of merger applies to extinguish the cause of action, barring further proceedings for the same relief, notwithstanding the statutory cap on the FOS award.

Parties
Applicant: Andrews; Respondent: SBJ Benefit Consultants
Jurisdiction
England and Wales
Judgment Date
04 November 2010
Procedural Posture
Civil / Judgment on Preliminary Issue and Costs
Outcome
Claim dismissed; permission to appeal refused; costs awarded to respondent; interim payment ordered.
Legal Topics
Doctrine of Merger, Res Judicata, Financial Ombudsman Service, Breach of Statutory Duty, Pension Review, Damages, Jurisdiction of Tribunals
Financial Services Law Civil Procedure Doctrine of Merger Res Judicata Financial Ombudsman Service Breach of Statutory Duty Pension Review Damages +1 more

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Parties

Andrews

Applicant

SBJ Benefit Consultants

Respondent

Procedural Posture

Civil / Judgment on Preliminary Issue and Costs

Legal Issues

  1. 1 Whether the doctrine of merger applies to a final, accepted determination of the Financial Ombudsman Service (FOS) so as to bar subsequent court proceedings for the same subject matter
  2. 2 Whether FOS is a tribunal for purposes of the merger doctrine
  3. 3 Whether the claim before the court is the same as that determined by FOS

Ratio Decidendi

Once the claimant accepted the final determination of the Financial Ombudsman Service, which resolved the same subject matter as the present claim, the doctrine of merger applies to extinguish the cause of action, barring further proceedings for the same relief, notwithstanding the statutory cap on the FOS award.

Court Disposition

Claim dismissed; permission to appeal refused; costs awarded to respondent; interim payment ordered.

Orders

  • Claim dismissed as cause of action extinguished by merger doctrine upon acceptance of FOS award.
  • Claimant to pay respondent's costs of the proceedings.