Financial Services and Pensions Ombudsman Act 2017

64.

Appeals

64. (1) A party to a complaint before the Ombudsman may appeal to the High Court against a decision or direction of the Ombudsman.

(2) An appeal under this section shall be made—

(a) not later than 35 days after the date of notification of the decision of the Ombudsman, or

(b) within such further period, as the court considers just and equitable in all the circumstances.

(3) The orders that may be made by the High Court on the hearing of an appeal under this section include (but are not limited to) one or more of the following:

(a) an order affirming the decision or direction of the Ombudsman, subject to such modifications as it considers appropriate;

(b) an order setting aside that decision or any direction included in it;

(c) an order remitting that decision or any such direction to the Ombudsman for review with its opinion on the matter;

(d) such other order in relation to the matter as it considers just in all the circumstances;

(e) such order as to costs as it thinks fit;

(f) an order amending the decision or direction of the Ombudsman, as the case may be.

(4) The Ombudsman may be made a party to an appeal under this section.

(5) Where the High Court makes an order remitting to the Ombudsman a decision or direction of the Ombudsman for review, the Ombudsman shall review the decision or direction in accordance with any directions of the court.

(6) The decision of the High Court on the hearing of such an appeal is final, other than that a party to the appeal may apply to the Court of Appeal to review the decision on a question of law (but only with the leave of either of those courts, as appropriate).

(7) A decision or direction of the Ombudsman does not take effect, and may not be implemented, while an appeal under subsection (1) or an application under subsection (6) is pending in relation to the decision or direction.