Under FOS's Terms of Reference, the deletion of disputes that merely repeat matters already resolved by FOS does not constitute a fresh adverse decision engaging the cl 5.3 process, and such deleted disputes are not 'extant disputes' capable of triggering the prohibition on pursuing judgment in cl 13.1(a). A construction that would allow indefinite postponement of court proceedings through repeat disputes must be rejected. The 'without prejudice' provision in cl 7.6 does not prevent FOS from disclosing the status of disputes to a financial services provider where the applicant relies on the existence of extant disputes to prevent the pursuit of judgment.
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