Margaret Chong & Ors, R (on the application of) v Financial Services Compensation Scheme Ltd

Margaret Chong & Ors, R (on the application of) v Financial Services Compensation Scheme Ltd

The FSCS's refusal to decide the claimants' appeals was the application of an existing policy that only appeals extant as at 1 April 2021 would be considered. The claimants' appeals were not extant at that date, and the challenge was a collateral, out-of-time attack on the underlying policy. No enforceable legitimate expectation arose from FSCS's communications. The claim for judicial review was dismissed as an abuse of process.

Parties
Claimant: Margaret Chong; Claimant: Mark Fraser; Claimant: Victoria Leach; Defendant: Financial Services Compensation Scheme Limited
Jurisdiction
England and Wales
Judgment Date
01 March 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Compensation Schemes, Judicial Review, Legitimate Expectation, Policy Discretion, Appeals Procedure
Administrative Law Financial Services Law Compensation Schemes Judicial Review Legitimate Expectation Policy Discretion Appeals Procedure

Case Brief

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Parties

Margaret Chong

Claimant

Mark Fraser

Claimant

Victoria Leach

Claimant

Financial Services Compensation Scheme Limited

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether FSCS's refusal to decide claimants' appeals was lawful
  2. 2 Whether FSCS breached claimants' legitimate expectations
  3. 3 Whether FSCS's policy on appeals from pre-April 2021 decisions was rational and lawful

Ratio Decidendi

The FSCS's refusal to decide the claimants' appeals was the application of an existing policy that only appeals extant as at 1 April 2021 would be considered. The claimants' appeals were not extant at that date, and the challenge was a collateral, out-of-time attack on the underlying policy. No enforceable legitimate expectation arose from FSCS's communications. The claim for judicial review was dismissed as an abuse of process.

Court Disposition

Claim dismissed