Berkeley Burke

Are you wondering what the latest is with the Berkeley Burke ongoing saga? Berkeley Burke was granted permission to appeal the decision made against it in October 2018, however it won’t be until Autumn 2019 that the court of appeal will review the case. The background of the case originates from a decision in 2014, in which the Financial Ombudsman Service upheld a decision for failure to carry out due diligence on Mr Charlton’s pension transfer in 2011 and to invest in Sustainable AgroEnergy. After the decision in 2014, Berkeley Burke said it would seek a judicial review, however, a new Ombudsman reviewed the decision and found in favour of Mr Charlton in February 2017.

Berkeley Burke then tried to appeal the decision through an arbitration process, but it was blocked by a high court judge leaving the only option but to request another judicial review. In terms of the clients that we are representing, I can confirm that the majority of these cases have now been referred to the Financial Ombudsman Service, due to Berkeley Burke failing to uphold them.

The Financial Ombudsman Service seems to be waiting for the decision in Autumn 2019 before making further decisions. We are aware that some cases have been held with the Financial Ombudsman for two years. Therefore, we would like to advise all our existing clients to be patient as you are in the same boat as each other.

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