A question about Judicial Review

[Guest]

I have posted on a previous thread about the state an insurance company has left my property after a subsidence insurance claim which started in March 1999. After all this time, Zurich has issued a final decision and the FOS have found in their favour. I understand the ombudsman decision can be challenged by Judicial Review - one of the circumstances being if there is no alternative remedy. Careful study of all the available evidence suggests that there seems to have been a fraud, I think by failing to disclose information, (both sides including Zurich and their loss adjusters and also the chartered surveyor I paid to write a report). So does the possibility of fraud preclude a Judicial Review application?

Thanks for any info

[R0b]

Re: A question about Judicial Review

A Judicial Review of the Ombudsman's decision will look at the way it has arrived at the decision and not the facts or the merits of the case itself. So if an Ombudsman has reviewed all of the material and still come to a conclusion not in your favour then as long as they have followed the correct procedures then your judicial review will fail. If you believe the merits of the case on evidence is fraud, then that unfortunately is a claim to issue in court.

That isn't even getting into the potential costs you could end up repaying if you lose. JR's are not cheap and can easily run into the tens of 1000's.

[Guest]

Re: A question about Judicial Review

A Judicial Review of the Ombudsman's decision will look at the way it has arrived at the decision and not the facts or the merits of the case itself. So if an Ombudsman has reviewed all of the material and still come to a conclusion not in your favour then as long as they have followed the correct procedures then your judicial review will fail.

The Ombudsman has not reviewed all the material. In answering the complaint I made in March 2016, he has referred to and quoted the insurance company's final decision which they did not make until the end of May 2016. The Ombudsman refused to consider a complaint I made in August 2016 about the May 2016 insurance company's final decision yet has included this in his answer to my March 2016 complaint.

My feelings about fraud relate to criminal fraud, which I think I should go to the police about. They might laugh at me but I do have substantial evidence.