Ulster Bank keeping the Ombudsman busy in the High Court

[Brendan Burgess]

Ulster Bank has challenged three Ombudsman's decisions in the High Court

Active Statutory Appeals | Legal References | Financial Services and Pensions Ombudsman

fspo.ie

High Court	2021/137 MCA	Ulster Bank Ireland DAC -v- Financial Services & Pensions Ombudsman
High Court	2021/145 MCA	Financial Services & Pensions Ombudsman -v- Ulster Bank Ireland DAC
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

2021/145 where the Ombudsman is the plaintiff is a bit odd. It's possibly some administrative error by the Ombudsman which he has to go to the High Court to correct.

Brendan

 

[ClubMan]

It's possibly some administrative error by the Ombudsman which he has to go to the High Court to correct.

Expensive error if so!

 

[Brendan Burgess]

It would be more embarrassing than expensive. All sides would probably agree to it, so they just need the High Court to give their approval.

There was one a few years ago where say, X ltd made a complaint against AIB. The Ombudsman upheld the complaint but told AIB to pay X €1,000 instead of X Ltd. So he had to go to the High Court to fix it as he can't change the decision himself. But there was no dispute.

Brendan

 

[JMexubbanker]

Hi Brendan

Where can we find more information out about the particulars of each of these cases?

We have been advised that our case has been paused by the FSPO because we are impacted by this action.

I presume that if the Ombudsman upheld a complaint against Ulster Bank and if the High Court rejects Ulster Bank's appeal, the Ombudsman will also uphold our complaint which is similar.

Interesting times ahead.



Many thanks

 

[Brendan Burgess]

Hi JM

I have not got to the bottom of the availability of papers in a High Court case. I understand that they are a matter of public record, but they are not published. You can follow the case number and see when the next listing in the court is. In ordinary times, you could attend the court and you might learn something. But most of the listings are just procedural and you will hang around the court for ages and nothing will happen.

The Ombudsman judges every case on its merit but, at the same time, they like to be consistent.

If the High Court rejects Ulster Bank's appeal

What matters here is the attitude of the Central Bank. As there are many people affected by the same issue, the Central Bank will probably tell Ulster Bank to apply it to all affected customers, whether they have complained or not.

So, the Ombudsman, will probably leave your case on hold and wait until Ulster Bank resolves these issues.

If the High Court upholds Ulster Bank's appeal
The Ombudsman will have to reconsider the case bearing in mind the guidance provided by the High Court which means that he will reject all similar appeals.

 

[Brendan Burgess]

To find out what is actually happening in a case


1) http://highcourtsearch.courts.ie/hcslive/cslogin
2) Click on I accept
3) Enter the year 2021
4) Enter the Case no. 137
5) Under Proceedings select MCA

This will bring you to

6) Click on View
7) Click on Listing and you will see

8) So it's down for mention on 11th October next

So nothing will happen. The judge will ask Ulster Bank and the Ombudsman if they are ready to proceed. If the case is ready, then they will be allocated a day and time at some stage in the long distant future.

Brendan

 

[JMexubbanker]

Hi JM

I have not got to the bottom of the availability of papers in a High Court case. I understand that they are a matter of public record, but they are not published. You can follow the case number and see when the next listing in the court is. In ordinary times, you could attend the court and you might learn something. But most of the listings are just procedural and you will hang around the court for ages and nothing will happen.

The Ombudsman judges every case on its merit but, at the same time, they like to be consistent.

If the High Court rejects Ulster Bank's appeal

What matters here is the attitude of the Central Bank. As there are many people affected by the same issue, the Central Bank will probably tell Ulster Bank to apply it to all affected customers, whether they have complained or not.

So, the Ombudsman, will probably leave your case on hold and wait until Ulster Bank resolves these issues.

If the High Court upholds Ulster Bank's appeal
The Ombudsman will have to reconsider the case bearing in mind the guidance provided by the High Court which means that he will reject all similar appeals.

That's really very helpful. Thank you very much indeed