Utmost Paneurope DAC v The Financial Services and Pensions Ombudsman (Approved) [2022] IECA 214 (30 September 2022)

Utmost Paneurope DAC v The Financial Services and Pensions Ombudsman (Approved) [2022] IECA 214 (30 September 2022)

Utmost was entirely successful in maintaining the High Court order setting aside the Ombudsman’s decision, as the remedy directed was disproportionate and unconnected to the conduct found at fault. FSPO’s partial success on abstract questions did not warrant division of costs; normal rule applies that prevailing party recovers all costs.

Citation
[2022] IECA 214
Parties
Appellant/respondent: Utmost Paneurope DAC; Respondent/appellant: Financial Services and Pensions Ombudsman; Notice Party: W
Jurisdiction
Ireland
Judgment Date
30 September 2022
Procedural Posture
Statutory Appeal Under S.64(6) Financial Services and Pensions Ombudsman Act 2017 / Ruling on Costs and Consequential Orders Following Principal Judgment
Outcome
Appeal concluded; High Court order setting aside Ombudsman’s decision affirmed; costs awarded to Utmost.
Legal Topics
Statutory Appeals, Jurisdiction of Ombudsman, Costs in Appellate Proceedings, Remit of Ombudsman, Insurance Claims
Administrative Law Insurance Law Statutory Appeals Jurisdiction of Ombudsman Costs in Appellate Proceedings Remit of Ombudsman Insurance Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Utmost Paneurope DAC

Appellant/respondent

Financial Services and Pensions Ombudsman

Respondent/appellant

W

Notice Party

Procedural Posture

Statutory Appeal Under S.64(6) Financial Services and Pensions Ombudsman Act 2017 / Ruling on Costs and Consequential Orders Following Principal Judgment

Legal Issues

  1. 1 Whether the Ombudsman must have regard to codes of conduct when determining reasonableness of conduct
  2. 2 Whether Ombudsman can direct payment under insurance policy absent breach of contract
  3. 3 Whether High Court can draw inferences from documentation different to those drawn by Ombudsman

Ratio Decidendi

Utmost was entirely successful in maintaining the High Court order setting aside the Ombudsman’s decision, as the remedy directed was disproportionate and unconnected to the conduct found at fault. FSPO’s partial success on abstract questions did not warrant division of costs; normal rule applies that prevailing party recovers all costs.

Court Disposition

Appeal concluded; High Court order setting aside Ombudsman’s decision affirmed; costs awarded to Utmost.

Orders

  • Order affirming High Court order setting aside FSPO decision and direction of 15 July 2019 in its entirety.
  • Order affirming High Court order awarding costs of proceedings in High Court, including all reserved costs, costs of two sets of written legal submissions, and overnight transcript to Utmost.