Murphy -v- Canada Life Assurance Ireland Ltd & Anor [2016] IECA 128 (04 May 2016)
A claimant cannot re-litigate in the High Court a matter already determined by the Financial Services Ombudsman, unless an appeal is taken; the doctrine of res judicata bars such proceedings.
- Citation
- [2016] IECA 128
- Parties
- Plaintiff/appellant: Damien Murphy; Defendant/respondent: Canada Life Assurance Ireland Limited; Defendant/respondent: Irish Life Assurance PLC
- Jurisdiction
- Ireland
- Judgment Date
- 04 May 2016
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Res Judicata, Financial Services Ombudsman, Breach of Contract, Appeals
Case Brief
Summary, issues, holding and outcome
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Parties
Damien Murphy
Plaintiff/appellant
Canada Life Assurance Ireland Limited
Defendant/respondent
Irish Life Assurance PLC
Defendant/respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether a claimant can commence High Court proceedings for breach of contract after an adverse Financial Services Ombudsman decision not appealed to the High Court
- 2 Applicability of res judicata to FSO determinations
Ratio Decidendi
A claimant cannot re-litigate in the High Court a matter already determined by the Financial Services Ombudsman, unless an appeal is taken; the doctrine of res judicata bars such proceedings.
Court Disposition
Appeal dismissed
Orders
- Proceedings struck out as disclosing no reasonable cause of action
Full Case Text
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