R (Emptage) v Financial Services Compensation Scheme

Decision of Haddon-Cave J. determining the claimant’s entitlement to compensation under the rules of the Financial Services Compensation Scheme.  The claim raised issues of principle as to the circumstances in which the Scheme will pay out for mortgage mis-selling claims, where the borrowing was used to fund non-regulated investments (in this case, investment in overseas property).  Permission to appeal was granted by the judge.

Andreas Gledhill acted for the defendant, the Financial Services Compensation Scheme.