FSPO Appeal

Appeals

A party to a complaint before the Ombudsman may appeal to the High Court against a decision or direction of the Ombudsman. An appeal under this section shall be made—

• not later than 35 days after the date of notification of the decision of the Ombudsman, or
• within such further period, as the court considers just and equitable in all the circumstances.

The orders that may be made by the High Court on the hearing of an appeal under this section include (but are not limited to) one or more of the following:

• an order affirming the decision or direction of the Ombudsman, subject to such modifications as it considers appropriate;
• an order setting aside that decision or any direction included in it;
• an order remitting that decision or any such direction to the Ombudsman for review with its opinion on the matter;
• such other order in relation to the matter as it considers just in all the circumstances;
• such order as to costs as it thinks fit;
• an order amending the decision or direction of the Ombudsman, as the case may be.

The Ombudsman may be made a party to an appeal.

Where the High Court makes an order remitting to the Ombudsman a decision or direction of the Ombudsman for review, the Ombudsman shall review the decision or direction in accordance with any directions of the court.

The decision of the High Court on the hearing of such an appeal is final, other than that a party to the appeal may apply to the Court of Appeal to review the decision on a question of law (but only with the leave of either of those courts, as appropriate).

A decision or direction of the Ombudsman does not take effect, and may not be implemented, while an appeal or an application is pending in relation to the decision or direction.

Enforcement of Ombudsman Decision

Where a financial service provider or a pension provider fails or refuses to comply with a decision of the Ombudsman, within the period, or by the date, specified in the decision, the Circuit Court shall, on application to it on that behalf by—

• the Ombudsman, as he or she sees fit, or
• the complainant in whose favour the decision was made,

make an order.

The Circuit Court may not hear an application for an order under this section other than where—

• the financial service provider or the pension provider concerned appears at the hearing as respondent to the application, or
• the financial service provider or the pension provider concerned does not appear at the hearing, the court is satisfied that a copy of the application has been served on that financial service provider or pension provider.

The Circuit Court may not hear an application for an order where the person that is the financial service provider or the pension provider, as the case may be, has appealed against the decision or direction and—

• the decision or direction has not been affirmed (with or without modification), or
• that provider concerned has not withdrawn the appeal.

Circuit Court Enforcement Orders

On hearing an application for an order under this section, the Circuit Court shall, if satisfied that the direction was one that the Ombudsman was empowered to make, make an order requiring the financial service provider or the pension provider concerned to comply with the direction within a period, or by a date, specified in the order.

Where, in considering an application under that subsection, the Circuit Court is satisfied that, owing to lapse of time, it would not be possible to comply with an order under that subsection, the court shall make an order providing for such redress as it considers appropriate having regard to this Part and all the circumstances.

In an order providing for the payment of financial redress by any person, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct the person that is the financial service provider or the pension provider concerned to pay to the complainant concerned interest on the payment at the rate referred to in section 22 of the Courts Act 1981 in respect of the whole or any part of the period beginning 4 weeks after the date on which the decision or direction concerned is communicated to the parties and ending on the date of the order.

An application to the Circuit Court under this section shall be made to the judge of the Circuit Court for the circuit—

• in which the relevant complainant ordinarily resides, or
• the financial service provider or the pension provider, as the case may be, has its principal place of business in the State.

Questions of Law to High Court

When dealing with a complaint, the Ombudsman may, on his or her own initiative or at the request of the complainant or the person that is the financial service provider or the pension provider concerned, refer for the opinion of the High Court a question of law arising in relation to the investigation or adjudication of the complaint.

The High Court has jurisdiction to hear and determine any question of law referred to it under this section.Where a question of law in connection with the complaint concerned has been referred to the High Court under this section, the Ombudsman may not—

• make a decision to which the question is relevant while the reference is pending, or
• proceed in a manner, or make a decision, that is inconsistent with the opinion of the High Court on the question.

Pre-Establishment Matters

Any appeal to the High Court of a decision taken by the Financial Services Ombudsman or the Pensions Ombudsman, as the case may be, that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as a reference to the Office.

Any application to the Circuit Court that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as an application by the Office.

Any application to the District Court that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as an application by the Office.

Any appeal against a conviction that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as a reference to the Office.

Any application for an enforcement order under the Pensions Act that, immediately before the establishment day, named the office of the Pensions Ombudsman, shall, on and from that day, be read as an application by the Office.

Regulations made by the dissolved Financial Services Ombudsman Council to have the same force and effect on establishment day. The functions of the dissolved Financial Services Ombudsman’s Bureau will be transferred to the Office upon establishment day.

Injunction Enforcement

The High Court may, on an application made by the Ombudsman, grant an injunction restraining the conduct of a financial service provider or a pension provider which is engaging, or in which a financial service provider or a pension provider appears likely to engage, where the conduct is conduct that is being investigated or is proposed to be investigated or in relation to which a complaint has been received by the Ombudsman.

In the case of a financial service provider, the High Court may not grant an application unless of the opinion that the conduct sought to be restrained is likely to prejudice or negate the effect or implementation of a decision that the Ombudsman may make if the Ombudsman were to find the complaint to which the conduct relates is upheld, substantially upheld or partially upheld.

The High Court may not require the Ombudsman to give any undertaking as to damages as a condition for the granting of an injunction in consequence of an application.