Aviva court judgment highlights flaws in FOS decision-making

clock • 6 min read

Melissa Collett discusses why there is legal uncertainty in a recent Financial Ombudsman decision on an Aviva life policy complaint.

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 ...

To continue reading this article...

Join COVER for free

  • Unlimited access to real-time news, key trend analysis and industry insights.
  • Stay on top of the latest developments around health and wellbeing, diversity and inclusion and the cost of living crisis.
  • Receive breaking news stories straight to your inbox in the daily newsletter.
  • Members only access to monthly programme 'The COVER Review'
  • Be the first to hear about our CPD accredited events and awards programmes.

Join now

 

Already a Cover member?

Login

More on Regulation

UK unemployment rate continues to stall in August

UK unemployment rate continues to stall in August

Economic inactivity at 21.1% in May to July 2025

Michael Nelson
clock 16 September 2025 • 3 min read
The COVER Review: A budget on the horizon, private healthcare and product launches

The COVER Review: A budget on the horizon, private healthcare and product launches

Week commencing 1 September 2025

COVER
clock 05 September 2025 • 1 min read
Autumn Budget 2025 set for 26 November

Autumn Budget 2025 set for 26 November

Investment and reform

Cameron Roberts
clock 03 September 2025 • 3 min read