Judicial review of decision to close pension misselling additional compensation claims fails (R v Financial Services Compensation Scheme Ltd)
Pensions analysis: The Administrative Court dismissed the claims of three investors challenging the lawfulness of decisions, made on 20 June 2023 and 20 July 2023 by the Financial Services Compensation Scheme (FSCS), not to decide their appeals and to treat their compensation claims as closed. The claimants had claimed they lost money after being advised by an unregulated adviser to transfer funds from their occupational pension schemes into a SIPP (a self-invested personal pension) provided by a regulated pension provider in order to invest in what proved to be a high-risk fund. In each case, the FSCS upheld the investor’s claim and paid compensation in accordance with its then understanding of the law. A few weeks later, that understanding changed following the judgment of the Court of Appeal in Adams v Options UK Personal Pensions LLP. The claimants lodged appeals claiming additional compensation in light of Adams, but the FSCS declined to consider them. Written by Scott Redpath, barrister at Exchange Chambers.