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On 13 November 2019, the Administrative Court (Lang J) handed down judgment in R (Laura Critchley) v. Financial Ombudsman Service (Bank of Scotland intervening) [2019] EWHC 3036 (Admin).  

The Court dismissed a claim for judicial review of a FOS decision whereby a complaint against the Bank for dismissing a claim for compensation for mis-selling of PPI was rejected.  The JR has been closely watched for the implications for the proper approach to causation in cases where a significant mis-sale has been found.  The Court found that the FOS was entitled to find that the presumption that the claimant would not have bought PPI was rebutted.  Javan Herberg QC acted for the Bank.