Recent decisions of the Financial Services Ombudsman, April 2012

24-04-2012

The High Court has examined the extent of the powers of the Financial Services Ombudsman (the “Ombudsman”) on a number of occasions in the past year. These decisions demonstrate a deference to decisions taken by the Ombudsman in relation to matters within its jurisdiction and a continued reluctance by the High Court to interfere with decisions taken by the Ombudsman. The High Court’s power to hear an appeal of a decision of the Ombudsman under section 57CL of the Central Bank Act 1942 should not be regarded as a new hearing of the complaint, but rather a review of the Ombudsman’s decision making process and procedure.

Download PDF