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  6. Is the Legal Ombudsman's final decision binding?

Is the Legal Ombudsman's final decision binding?

Is the Legal Ombudsman's final decision binding for 'full and final settlement' purposes?

If neither client nor solicitor disagrees with the Ombudsman's provisional decision, he will treat the complaint as resolved.

If the provisional decision is not agreed by both parties, a final decision will be based on the 'fair and reasonable' principle.

If the client accepts the Ombudsman's determination, it will become final and binding on all parties. This removes the ability of either party to start or continue legal proceedings in respect of the complaint.

If the client rejects the determination then normal legal rights and remedies continue to be available to both parties.

For more information please see the Law Society’s practice note on what to do when a complaint goes to the Legal Ombudsman.

Have you got a practice question? Call the Practice Advice Service on 020 7320 5675.

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Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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