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 July 2024.

 

Court	Court Record Number	Title of proceedings
High Court	2021/304 MCA	Permanent TSB PLC -v- Financial Services & Pensions Ombudsman
High Court	2022/17 MCA	Permanent TSB PLC -v- The Financial Services & Pensions Ombudsman
Court of Appeal	2023/256	Ulster Bank Ireland DAC -v- The Financial Services & Pensions Ombudsman
High Court	2024/514 JR	Mark Kiernan -v- The Financial Services and 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.