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Retired IFA John Calland calls on advisers to help pursue FOS legal battle

Retired IFA John Calland has called on advisers to support his case against the Financial Ombudsman Service at the European Court of Human Rights.

Calland is looking to pursue his case after exhausting all UK avenues for litigation.

Last May the High Court dismissed his judicial review relating to a FOS decision to uphold a £48,000 pension misselling case against him.

The FOS found the client received unsuitable advice in 1992 to take out a personal pension rather than join his employer’s occupational scheme.

Calland was ordered to pay back the investment, plus 8 per cent interest, and the FOS’ £35,000 legal costs.

Calland says the case was solicited by the FSA and the FOS. He also challenged the FOS’s decision not to grant him an oral hearing and the time taken with the complaint.

Calland took his case to the Court of Appeal, which ruled against him in January.

He has now applied to have the case heard in the European Court of Human Rights, arguing he has been denied the right to a fair trial due to the lack of an oral hearing.

Calland wants other advisers who feel they have been denied an oral hearing by the FOS to come forward with evidence to strengthen his case, and is appealing for financial donations.

Kitsons Solicitors partner David Turner, representing Calland, says: “We believe there are other advisers with cases crying out for an oral hearing, and would urge them to contact us.”

Calland has been battling regulators for over 10 years, including a harassment case against the FCA in 2010.

The judge found in favour of the FCA in May, which Calland is seeking to appeal.

Calland says: “I have spent £140,000 in legal costs. If the European Court rules in my favour it will benefit advisers.”

Calland will refund any contributions should he win the case.

Advisers can get in touch with John Calland at johncalland@mail.com.

Queries relating to contributions can also be sent to David Turner at Kitsons Solicitors, The Forum, Barnfield Road, Exeter, EX1 1QR, or at david.turner@kitsons-solicitors.co.uk

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  1. Better to sell up and emigrate south of the equator.

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