Retired IFA John Calland is taking his case against the Financial Ombudsman Service to the European Court of Human Rights after exhausting all UK avenues for litigation.
Last May, the High Court dismissed Calland’s 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 April 1992 to take out a personal pension rather than join his employer’s occupational scheme.
Calland was ordered to pay £48,105 plus interest at 8 per cent per annum from July 2011 until payment, plus £250 for distress and inconvenience. In May a judge also ordered Calland to pay £35,000 in FOS legal costs.
Calland says the case was solicited by the FSA and the FOS and the client refused to complain to him directly.
He also challenged the FOS’s decision not to grant him an oral hearing and the time taken to resolve the complaint. The case was referred to the ombudsman in 2005 and a final decision was not issued until 2012.
Calland subsequently took his case to the Court of Appeal, which ruled against him last month.
He is now applying to have the case heard in the European Court of Human Rights, on the basis that he has been denied the right to a fair trial because the FOS has not had an oral hearing on the case.
The European Court of Human Rights will decide in the coming months whether the case merits a hearing.
Calland says: “I am as determined as ever to continue to fight this injustice.”
Kitsons Solicitors partner David Turner, who is representing Calland, says: “This case is crying out for an oral hearing.”
Calland has been battling the regulators for over 10 years which has resulted in a separate legal case against the FCA, which he sued for harassment in 2010.
The judge found in favour of the FCA in May, and Calland is awaiting a hearing at the Court of Appeal.
Yellowtail Financial Planning managing director Dennis Hall says: “A 15-year long stop and more widely available run-off professional indemnity insurance would help prevent cases like this going so far.”