Active Statutory Appeals

Section 64 of the Financial Services and Pensions Ombudsman Act 2017 provides that a party in receipt of a Decision of the Financial Services and Pensions Ombudsman can appeal that decision to the High Court.

The following is a list of active statutory appeals, court applications and judicial reviews to which the FSPO is a party.

This list was last updated on 16 November 2022.

 
Court Court Record Number Title of proceedings
High Court 2020/12 MCA Liberty Corporate Capital Limited [For and on behalf of Syndicate 4472] -v- Financial Services & Pensions Ombudsman
High Court 2020/49 MCA Utmost Pan Europe DAC -v- Financial Services & Pensions Ombudsman
High Court 2021/137 MCA Ulster Bank Ireland DAC -v- Financial Services & Pensions Ombudsman
High Court 2021/144 MCA Friel & Friel -v- Financial Services & Pensions Ombudsman
High Court 2021/145 MCA Financial Services & Pensions Ombudsman (Ulster Bank Ireland DAC and C&B)
High Court 2021/173 MCA Ulster Bank Ireland DAC -v- Financial Services & Pensions Ombudsman
High Court 2021/174 MCA Ulster Bank Ireland DAC -v- Financial Services & Pensions Ombudsman
High Court 2021/304 MCA Permanent TSB PLC -v- Financial Services & Pensions Ombudsman
High Court 2021/907 JR Baynes & Anor -v- Financial Services & Pensions Ombudsman
High Court 2021/290 MCA Chubb European Group SE [Irish Branch] -v- Financial Services & Pensions Ombudsman
High Court 2022/17 MCA Permanent TSB PLC -v- The Financial Services & Pensions Ombudsman
High Court 2022/19 MCA Ryan & Anor -v- The Financial Services & Pensions Ombudsman
High Court 2022/51 MCA KBC Bank Ireland PLC -v- The Financial Services & Pensions Ombudsman
High Court 2022/207 JR Donnelly -v- The Financial Services & Pensions Ombudsman
Court of Appeal 2022 196 Lloyds Insurance Co SA -v- Financial Services and Pensions Ombudsman
High Court 2022/280 MCA Adelina Limited -v- The Financial Services & Pensions Ombudsman

The FSPO recognises the right of a complainant or a provider to maintain a statutory appeal to the High Court, to challenge a legally binding decision of the Ombudsman, in accordance with the provisions of Section 64 of the Financial Services and Pensions Ombudsman Act 2017 or to seek a judicial review of the FSPO's determinations.

It is not the practice of this Office to offer observations on any such High Court litigation, as the Ombudsman does not consider it helpful to comment while a judicial process is ongoing.

It is important to be aware that pursuing a judicial review application or a statutory appeal to the Courts can have legal costs implications for the appellant/applicant in those proceedings. In any litigation involving the FSPO, it is the general policy of the FSPO, in all appropriate cases, to seek recovery of its legal costs by applying to the Court for an Order for costs against such parties to the litigation, as it may be advised.