Retired IFA John Calland has been granted an appeal in his harassment case against the FSA.
Calland, who has been battling the regulators for over 12 years, sued the FSA for harassment in 2010.
In 2011 a judge dismissed the FSA’s attempt to strike out the claim. The FSA appealed and in 2012 a judge found in favour of the FSA. Calland then applied to the Court of Appeal to have a full appeal against the striking out of his claim.
At a hearing earlier this month Lady Justice Gloster granted Calland permission to appeal. A date for the appeal is yet to be set.
Kitsons Solicitors partner David Turner, who is representing Calland, says: “Whilst this is not the end of the matter, this is a significant ruling for Calland. On the surface it cannot appear to be correct that the FSA can simply defend any claim against its on the grounds of its statutory immunity. There must surely be a reasonableness test here.
“Calland’s allegations are serious ones and they deserve to be heard out and he should not be silenced simply on a technicality. We look forward to progressing the matter and going to the Court of Appeal”.
Calland says: “I was very grateful that the judge seemed to understand why there was a case for the FSA to answer, and that she was patient enough to cope with me representing myself despite my shortcomings in legal terms. The support and presence of my long-term solicitor, David Turner, was much appreciated.”
Calland claims in 2002 the FSA Pensions Unit repeatedly mailed almost 300 former pension clients of his firm to solicit pension claims from them, despite the fact that five years earlier he had completed a review of all his firm’s pension business before his retirement.
Calland says the FSA had no right to raise claims from his former clients since he was not in default, and the PIA held evidence of his review having been satisfactorily completed, and verified with monitoring visits.
The mailings resulted in a FOS award of £48,000 against Calland, which was upheld at judicial review. Calland is now taking the case to the European Court of Human Rights.