One of the most high-profile judgments of 2011 was given by Mr Justice Ouseley in the case of R (British Bankers Association) (BBA) v the Financial Services Authority (FSA) and the Financial Ombudsman Service (FOS).1 In this case the BBA sought, and failed, to obtain judicial review of a policy statement released by the FSA in relation to payment protection insurance (PPI). This case has been reported on extensively and is expected to have far-reaching implications in the financial services industry.
Grounds of Challenge
— 1. Non-actionability
— 2. Conflict & Augmentation
— 3. Circumvention of the Statutory Procedure
Conclusions & Context
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