The Financial Services and Pensions Ombudsman is an independent, impartial, fair and free service that helps resolve complaints with pensions providers and regulated financial services providers.

18 February 2021

The High Court has today struck out legal proceedings commenced in August 2020, in which FBD Insurance plc had sought to prevent the Financial Services and Pensions Ombudsman (FSPO) from progressing the investigation of a complaint against the insurer.

The complaint, which FBD sought to prevent the Ombudsman from investigating, had been made against FBD by a publican policyholder, arising from the decision of FBD to decline the publican's insurance claim, for losses caused by business interruption, as a result of the enforced closure of the publican's premises, following Government guidelines to prevent the spread of COVID-19.

The High Court struck out the proceedings, on consent of the parties, noting the agreement of FBD to discharge certain legal costs to the FSPO and to the publican policyholder, which was a notice party to the proceedings.

The FSPO welcomes the striking out of this case and has confirmed he will vigorously oppose any attempt by a financial service provider or pension provider, to restrain him in the exercise of his statutory powers, to investigate a complaint pursuant to the provisions of the Financial Services and Pensions Ombudsman Act 2017.

Important information about using our services

The Financial Services and Pensions Ombudsman (FSPO) provides a free service to complainants and there is no cost for bringing a complaint to the FSPO. Bringing a complaint to us is straightforward but if you choose to hire a solicitor or any other professional assistance to bring a complaint to the FSPO on your behalf, then any costs incurred for using these services are your responsibility.

You can read more about our services here.

In circumstances where a provider is directed to pay compensation to a complainant, following the formal investigation of a complaint, the compensation cannot be increased to account for the cost of any professional assistance used by a complainant. Complainants should be aware that costs charged as a percentage of any compensation will have the effect of reducing the compensation paid to them by the provider.

Archive sites

You can see previous websites here