Related provisions for DISP 3.5.8

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If the Ombudsman considers that the complaint can be fairly determined without convening a hearing, he will determine the complaint. If not, he will invite the parties to take part in a hearing. A hearing may be held by any means which the Ombudsman considers appropriate in the circumstances, including by telephone. No hearing will be held after the Ombudsman has determined the complaint.15
A party who wishes to request a hearing must do so in writing, setting out:(1) the issues he wishes to raise; and(2) (if appropriate) any reasons why he considers the hearing should be in private;so that the Ombudsman may consider whether:(3) the issues are material;(4) a hearing should take place; and(5) any hearing should be held in public or private.15
15In deciding whether there should be a hearing and, if so, whether it should be in public or private, the Ombudsman will have regard to the provisions of the European Convention on Human Rights.
The purpose of this chapter is to set out:(1) the procedures of the Financial Ombudsman Service for investigating and determining complaints;(2) the basis on which the Ombudsman makes decisions; and(3) the awards which the Ombudsman can make.49
17In considering what is fair and reasonable in all the circumstances of the case, the Ombudsman will take into account:(1) relevant:(a) law and regulations;(b) regulators' rules, guidance and standards;(c) codes of practice; and(2) (where appropriate) what he considers to have been good industry practice at the relevant time.
DISP 2.7.10GRP
123In the Compulsory Jurisdiction, in relation to relevant new complaints under the Ombudsman Transitional Order and relevant transitional complaints under the Mortgages and General Insurance Complaints Transitional Order:(1) where the former scheme in question is the Insurance Ombudsman Scheme, a complainant is not to be treated as an eligible complainant unless:(a) he is an individual; and(b) the relevant new complaint does not concern aspects of a policy relating to a business