Aviva court judgment highlights flaws in FOS decision-making

Does FOS's fair and reasonable jurisdiction occupy an ‘uncertain space' outside common law and statute?  Mr Justice Jay in Aviva Life & Pensions (UK) Ltd, R v  McCulloch & Anor [2017] EWHC 352 said as much in a judgment handed down this week in the High Court. Aviva brought judicial review proceedings against a decision by a FOS ombudsman that it should reinstate a single life policy after it had voided it on the grounds of non-disclosure of mental health concerns and a referral for a CT scan.  Shortly after taking out the policy, the policyholder was diagnosed with a rare form of ...