Retired IFA John Calland has lost his 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.
But in a judgment handed down today, the Court of Appeal dismissed Calland’s claim.
Lord Justice Lewison says: “In agreement with the recorder, in my judgment this conduct comes nowhere near crossing the threshold [into harassment]. It is not even at the front garden gate.
“I echo the words of Ward LJ in Sunderland City Council v Conn: what on earth is the world coming to if conduct of the kind that occurred in this case can be thought to be harassment?”
Calland says: “I and my legal team are severely disappointed and we are now having to reflect on matters.”
It remains open to Calland to challenge the decision in the Supreme Court.
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.