Who watches the watchdog?
The establishment of the Financial Services Tribunal has brought much-needed legal certainty to the industry – in particular, those who are disgruntled by the views of decision-makers, as well as rulings by the […]
Financial Services Tribunal
High Court orders insurer to reconsider unfair debarment carried out in 2016
The applicant only became aware in May last year that the decision to debar her constituted administrative action.
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Health and accident policyholders take Prudential Authority to tribunal
Last year’s High Court judgment involving Constantia Insurance Company’s Prime Living CoverGrow and Prime Living Legacy policies had a sequel before the Financial Services Tribunal in October, when it was asked to reconsider […]
Health and accident policyholders take Prudential Authority to tribunal
Last year’s High Court judgment involving Constantia Insurance Company’s Prime Living CoverGrow and Prime Living Legacy policies had a sequel before the Financial Services Tribunal in October, when it was asked to reconsider […]
Tribunal rules that FAIS Ombud failed to apply her mind to application for a court hearing
The Financial Sector Tribunal has given the FAIS Ombud a dressing down for failing to apply her mind to an application by an FSP and its representative to have a complaint brought against […]
Tribunal rules that FAIS Ombud failed to apply her mind to application for a court hearing
The Financial Sector Tribunal has given the FAIS Ombud a dressing down for failing to apply her mind to an application by an FSP and its representative to have a complaint brought against […]
Financial Services Tribunal does not conduct trials – tips on how to approach it
From a number of recent tribunal decisions, it seems that some intermediaries do not understand the purpose of the Financial Services Tribunal – in particular, that it functions as an appeal mechanism only. […]
Financial Services Tribunal rules updated – Guidelines to apply for reconsideration
The Financial Services Tribunal, which replaced the FSB Appeal Board from 1 April 2018, provides a person who is “aggrieved” by a “decision” of a “decision-maker” to apply to the Tribunal for a reconsideration of […]
Tribunal case opens whole new can of worms
Since representatives have been given the right to appeal to the Financial Services Tribunal against debarment decisions, many such actions have been set aside by this appeal body. In most of these cases […]
FS Tribunal rules on late withdrawal of appeal
The introduction of the Financial Services Tribunal (FST) created a platform for the reconsideration of decisions by any decision-maker in the financial services sector. With the establishment of the Tribunal the prediction was […]
FS Tribunal rules on late withdrawal of appeal
The introduction of the Financial Services Tribunal (FST) created a platform for the reconsideration of decisions by any decision-maker in the financial services sector. With the establishment of the Tribunal the prediction was […]
Tribunal Debarment decisions – Why the increase?
Over the last few months we have seen an increase in debarment cases placed before the Financial Services Tribunal for reconsideration. Why? Has there been an increase in debarments? Has many of these […]
Can the Tribunal’s order override a FSCA decision – A recent Tribunal case sheds some light
A recent Financial Services Tribunal decision showcases the Tribunal’s powers in terms of section 234 of the FSRA. “Section 234(1)(a) of the FSRA 4 circumscribes the powers of the Tribunal with respect to […]
