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Estoppel – Res judicata. The claimants issued proceedings, seeking damages from the defendant financial adviser following an award by the Financial Ombudsman Service under the scheme established by the Financial Services and Markets Act 2000. The claim was dismissed at first instance by virtue of the doctrine of merger. The judge allowed the appeal and the defendant appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the Act did not exclude the doctrine of res judicata. Accordingly, acceptance of the award precluded the claimants from starting legal proceedings.
Estoppel – Res judicata. The claimants issued proceedings, seeking damages from the defendant financial adviser following an award by the Financial Ombudsman Service under the scheme established by the Financial Services and Markets Act 2000. The claim was dismissed at first instance by virtue of the doctrine of merger. The judge allowed the appeal and the defendant appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the Act did not exclude the doctrine of res judicata. Accordingly, acceptance of the award precluded the claimants from starting legal proceedings.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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