By Mark Tottenham BL in McGovern J 1 Comment Tags: Financial regulation
De Paor v. Financial Services Ombudsman [2011] IEHC 483
(High Court, McGovern J, 20 December 2011)
High Court dismisses appeal from decision of Financial Services Ombudsman to award €850 in compensation for error by medical insurer. (Full text.)
Financial regulation – application to modify decision of Financial Services Ombudsman – s 57 CM(1) and (2), Financial Services Authority of Ireland Act 2004 – quantum of compensation – medical expenses insurance scheme – More
By Mark Tottenham BL in White J (Michael) No Comments Tags: Financial regulation, Law of trusts, Natural justice
Irish Life and Permanent PLC v. Financial Services Ombudsman [2011] IEHC 439
(High Court, White J, 16 November 2011)
High Court allows appeal from a decision of the Financial Services ombudsman and remits decision for review, on the grounds of: a) a failure to address a conflict of evidence; and b) an incorrect application of the law in relation to fiduciary duty. (Full text.)
Financial regulation – appeal from decision of Financial Services Ombudsman – s 57CI(2), Central Bank Act 1942 – whether serious and significant error in original decision – 35-year mortgage at fixed rate – right to apply for variable More
By Mark Tottenham BL in Hogan J No Comments Tags: Financial regulation, Natural justice, Practice and procedure
Lyons v. Financial Services Ombudsman [2011] IEHC 454
(High Court, Hogan J, 14 December 2011)
High Court allows appeal from decision of Financial Services Ombudsman on grounds that no oral hearing was held, and remits complaint for re-hearing. (Full text.)
Financial regulation – s. 57CL(1), Central Bank Act 1942 – appeal from decision of Financial Services Ombudsman – loan of €17m – alleged oral agreement that loan to be services from rents from properties – whether borrowers in default of More
By Mark Tottenham BL in Cross J No Comments Tags: Financial regulation
Hyde v. Financial Services Ombudsman [2011] IEHC 422
(High Court, Cross J, 16 November 2011)
High Court allows appeal from decision of Financial Services Ombudsman, on grounds that an oral hearing should have been held to determine the complaint of a borrower, and remits matter for further consideration. (Full text.)
Financial Services Ombudsman – appeal – whether serious or significant error or series of errors – loan facility for purchase of property – failure to make payments – refusal of additional loan facility – whether bank responsible for More
By Mark Tottenham BL in Charleton J, Irvine J No Comments Tags: Asylum and immigration, Financial regulation, Limitation of actions
O’Hara v. ACC Bank PLC [2011] IEHC 367 (7 October 2011)
High Court (Charleton J) a) dismisses action by one plaintiff, on the grounds that the matter had already been substantially dealt with by the Financial Services Ombudsman; and b) refuses application to dismiss claim by another plaintiff, on the grounds that it was not statute-barred. (Full text.)
Application to dismiss proceedings – purchase of “Solid World Bond” with borrowed money – money lent by defendant bank – bond marketed by defendant bank – loss of money when bond “underperformed” – whether issue of liability already determined by Financial Services Ombudsman (FSO) – whether More
By Mark Tottenham BL in Hedigan J No Comments Tags: Financial regulation
Clark v. Financial Services Ombudsman [2011] IEHC 299 (20 July 2011)
High Court (Hedigan J) dismisses appeal from Financial Services Ombudsman refusing to uphold complaint about bank in respect of failure to obtain deeds from solicitors. (Full text.)
Financial services ombudsman – appeal from decision dismissing complaint – failure of appellants solicitors to furnish bank with title deeds – failure of bank to inform appellants that they had not received title deeds from solicitors – failure to sell house by reason of failure to provide deeds – cost of reconstituting deeds – whether decision of ombudsman vitiated by errors – whether bank had duty to go behind solicitor-client relationship and communicate directly with client – whether appellants had suffered loss.
Ulster Bank v. Financial Services Ombudsman & Ors. [2006] IEHC 323
Orange v. The Director of Telecommunications Regulation & Anor, [2000] 4 IR 159
ACC Bank plc. v, Fairlee Properties Ltd & Ors [2009] IEHC 45
By Mark Tottenham BL in Hedigan J No Comments Tags: Financial regulation
Caffrey v. Financial Services Ombudsman [2011] IEHC 285 (12 July 2011)
High Court (Hedigan J) refuses to set aside decision of Financial Services Ombudsman failing to uphold complaint about stockbroker. (Full text.)
Financial services ombudsman – appeal – dresdner bond – complaint about stockbroker – conclusion that stockbroker acted in good faith, and that complaint not substantiated – whether ombudsman erred in law – ombudsman’s findings of fact – whether decision vitiated by serious and significant errors.
J&E Davy T/A Davy v Financial Services Ombudsman [2010] IESC 30
Ulster Bank v. Financial Services Ombudsman & Ors [2006] IEHC 323
Galvin v. Chief Appeals Officer [1997] 3 I.R. 240
Molloy v. Financial Services Ombudsman (Unreported, High Court 15th April, 2011)
By Mark Tottenham BL in Hedigan J No Comments Tags: Financial regulation, Insurance
FBD Insurance PLC v. Financial Services Ombudsman [2011] IEHC 315 (29 July 2011)
High Court (Hedigan J) dismisses appeal from decision of Financial Services Ombudsman. (Full text.)
Financial services ombudsman – appeal from decision – refusal of cover for failure to dislose criminal convictions unrelating to motoring – s. 57CL of the Central Bank Act 1942 – whether serious or significant errors on part of ombudsman – reasons for decision – duty of disclosure in insurance policies.
Ulster Bank v. Financial Services Ombudsman and Ors.[2006] IEHC 323
Orange v the Director of Telecommunications Regulation & Anor [2000] 4 IR 159
Hayes v. Financial Services Ombudsman and Others(unreported, High Court, 3rd November 2008)
Faulkner v. Minister for Industry and Commerce [1997] ELR 107
Kelleher v. Irish Life Assurance Company
Coleman v. New Ireland [2009] IEHC 273
By Mark Tottenham BL in Hanna J No Comments Tags: Contract law, Financial regulation
Gabriel v. Financial Services Ombudsman [2011] IEHC 318 (27 July 2011)
High Court (Hanna J) allows appeal from decision of Financial Services Ombudsman, and finds that car loan agreement was validly terminated by hirer. (Full text.)
Financial Services Ombudsman – appeal from finding that complaint not substantiated – s.57 CL the Central Bank Act 1942 (as inserted) – failure to meet payments on car loan – whether hire purchase agreement validly terminated by hirer – s.63 of the Consumer Credit Act 1995 – nature of appeal – whether decision of ombudsman vitiated by error.
Molloy v. Financial Services Ombudsman and Others (Unreported, High Court, 15th April, 2011)
Ulster Bank Investment Funds Ltd. v. Financial Services Ombudsman & Ors. [2006] IEHC 323
Orange v. The Director of Telecommunications Regulation and Anor.[2000] 4 I.R. 159
Square Capital Ltd. v. Financial Services Ombudstnan & Anor. [2009] IEHC 407
Maher v. An Bord Pleanála [1999] 2 I.L.R.M. 198
By Mark Tottenham BL in Hogan J No Comments Tags: Financial regulation
In Re Custom House Capital Ltd [2011] IEHC 298 (18 July 2011)
High Court (Hogan J) makes interim order appointing inspectors to company, and directs that, if order challenged, the application would have to be renewed by the Central Bank. (Full text.)
Appointment of inspectors to company – application by Central Bank – Article 166(1) of the European Communities (Market in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007) – mezzanine financing – alleged breaches of regulatory requirements – alleged misuse of investors’ money – whether investigation in the interests of the protection of investors – ex parte application – whether interim order final – constitutionality of provision.
Kiberd v. Hamilton [1992] 2 I.R. 257
DK v. Crowley [2002] IESC 66, [2002] 2 I.R. 712
Dellway Investments Ltd. v. National Asset Management Agency (No.2)[2011] IESC 14
East Donegal Co-Operative Ltd. v. Attorney General [1970] I.R. 317
An Bord Altranais v. O’Ceallaigh [2000] IESC 21, [2000] 4 I.R. 54