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 12 August 2021.

 
Court Court Record Number Title of proceedings
Court of Appeal 2014 996 Carr -v- Financial Services Ombudsman & notice party
Court of Appeal 2021 47 The Financial Services & Pensions Ombudsman -v- Utmost Pan Europe DAC
Court of Appeal 2021 106 O'Connell -v- The Financial Services & Pensions Ombudsman
Court of Appeal 2021 2 O'Connell -v- The Financial Services & Pensions Ombudsman
High Court 2017/387 MCA Billane & Billane -v- Financial Services Ombudsman & Anor
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 2020/43 MCA Murphy -v- Financial Services & Pensions Ombudsman
High Court 2020/70 JR Farrell, O'Connor, Keaney, Irish Pensions Trust Ltd, Farrell, Kavanagh as Trustees of Vodafone IRL Pension Plan -v- Financial Services & Pensions Ombudsman
High Court 2020/188 MCA Lloyds Insurance Company SA -v- Financial Services & Pensions Ombudsman
High Court 2020/245 MCA Molyneaux -v- Financial Services & Pensions Ombudsman
High Court 2021/1 MCA Suarez -v- Financial Services & Pensions Ombudsman
High Court 2021/126 MCA Independent Trustee Company Limited -v- Financial Services & Pensions Ombudsman
High Court 2021/128 MCA Hiscox SA -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- New Ireland Assurance Company PLC T/A Bank of Ireland Life
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

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