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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

20 SEP 2011

R (British Bankers Association) v The Financial Services Authority & Anor [2011] EWHC 999 (Admin), [2011] JPLO (Sept)

Consumer protection – Judicial review – Financial Services Authority – High level principles – Financial Ombudsman Service

20 April 2011
Administrative Court
Ouseley J

A policy statement issued by the Financial Services Authority concerning payment protection insurance was lawful.
On appeal from:
(1) The British Bankers Association (BBA) applied for judicial review of a policy statement issued by the Financial Services Authority (FSA) which concerned the assessment and redress of payment protection insurance (PPI) complaints. The policy statement followed complaints about PPI policies and amended the FSA Handbook rules, guidance on how complaints should be handled, identification of common failings in the selling of policies and guidance on the ‘root cause analysis’ (which allowed for those who had not complained to receive redress).

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