Hooper Dolan Financial Ltd -v- Financial Services Ombudsman & Ors [2011] IEHC 296 (15 April 2011)

Hooper Dolan Financial Ltd -v- Financial Services Ombudsman & Ors [2011] IEHC 296 (15 April 2011)

The Ombudsman failed to comply with the statutory duty to be objectively satisfied as to jurisdiction and failed to provide the applicant with material evidence (the Credit Union's financial statement) relevant to jurisdiction, amounting to a breach of fair procedures and rendering the decision a nullity. However, the statutory scheme and Regulations were not unconstitutional or ultra vires, as the Oireachtas lawfully delegated the power to define classes of 'consumer' within clear principles and policies. The applicant was not debarred from relief by delay, waiver, or acquiescence in the circumstances.

Citation
[2011] IEHC 296
Parties
Applicant: Hooper Dolan Financial Limited; First Respondent: Financial Services Ombudsman; Second Respondent: Financial Services Ombudsman Council; Third Respondent: Ireland and the Attorney General; Notice Party: Abbeyleix Credit Union Limited
Jurisdiction
Ireland
Judgment Date
15 April 2011
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Decision of the Ombudsman quashed; matter remitted for reconsideration in accordance with law.
Legal Topics
Ultra Vires, Delegated Legislation, Fair Procedures, Jurisdiction of Ombudsman, Statutory Interpretation, Consumer Protection
Administrative Law Constitutional Law Financial Regulation Ultra Vires Delegated Legislation Fair Procedures Jurisdiction of Ombudsman Statutory Interpretation +1 more

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Parties

Hooper Dolan Financial Limited

Applicant

Financial Services Ombudsman

First Respondent

Financial Services Ombudsman Council

Second Respondent

Ireland and the Attorney General

Third Respondent

Abbeyleix Credit Union Limited

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Financial Services Ombudsman acted ultra vires in assuming jurisdiction over the complaint by Abbeyleix Credit Union Limited.
  2. 2 Whether the applicant is debarred from judicial review by delay, estoppel, waiver, acquiescence, or abuse of process.
  3. 3 Whether the Central Bank Act 1942 (Financial Services Ombudsman Council) Regulations 2005 were an ultra vires exercise of delegated power.

Ratio Decidendi

The Ombudsman failed to comply with the statutory duty to be objectively satisfied as to jurisdiction and failed to provide the applicant with material evidence (the Credit Union's financial statement) relevant to jurisdiction, amounting to a breach of fair procedures and rendering the decision a nullity. However, the statutory scheme and Regulations were not unconstitutional or ultra vires, as the Oireachtas lawfully delegated the power to define classes of 'consumer' within clear principles and policies. The applicant was not debarred from relief by delay, waiver, or acquiescence in the circumstances.

Court Disposition

Decision of the Ombudsman quashed; matter remitted for reconsideration in accordance with law.

Orders

  • Order of certiorari quashing the Ombudsman's decision of 30 June 2009.
  • Order remitting the complaint to the Ombudsman for reconsideration in accordance with law and fair procedures.