Murray -v- Trustees & Admin of the Irish Airlines [Gen Employee] Superannuation Scheme [2007] IEHC 27 (25 January 2007)

Murray -v- Trustees & Admin of the Irish Airlines [Gen Employee] Superannuation Scheme [2007] IEHC 27 (25 January 2007)

A party who has availed of the Pensions Ombudsman process is limited to the statutory appeal under s.140 of the Pensions Act 1990 and may not seek additional substantive declaratory relief in the High Court; the appeal is to be determined on the material before the Ombudsman, and new evidence will only be admitted in exceptional circumstances, which are not present here.

Citation
[2007] IEHC 27
Parties
Plaintiff: William James Murray; Defendants: The Trustees and Administrators of the Irish Airlines (General Employees) Superannuation Scheme; Notice Party: The Pensions Ombudsman
Jurisdiction
Ireland
Judgment Date
25 January 2007
Procedural Posture
Special Summons / Statutory Appeal / Interlocutory Application Regarding Scope of Appeal and Admissibility of Evidence
Outcome
Plaintiff's application for additional declaratory relief and to adduce new expert evidence refused; appeal to proceed on statutory grounds only and on the material before the Ombudsman.
Legal Topics
Statutory Appeals, Res Judicata, Admissibility of Evidence, Interpretation of Pension Scheme Rules, Jurisdiction of Ombudsman
Pensions Law Administrative Law Civil Procedure Statutory Appeals Res Judicata Admissibility of Evidence Interpretation of Pension Scheme Rules Jurisdiction of Ombudsman

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Parties

William James Murray

Plaintiff

The Trustees and Administrators of the Irish Airlines (General Employees) Superannuation Scheme

Defendants

The Pensions Ombudsman

Notice Party

Procedural Posture

Special Summons / Statutory Appeal / Interlocutory Application Regarding Scope of Appeal and Admissibility of Evidence

Legal Issues

  1. 1 Whether a party who has availed of the Pensions Ombudsman process may also seek substantive declaratory relief in the High Court beyond the statutory appeal under s.140 of the Pensions Act 1990
  2. 2 Whether the appellant may adduce new expert evidence on appeal to the High Court that was not before the Ombudsman

Ratio Decidendi

A party who has availed of the Pensions Ombudsman process is limited to the statutory appeal under s.140 of the Pensions Act 1990 and may not seek additional substantive declaratory relief in the High Court; the appeal is to be determined on the material before the Ombudsman, and new evidence will only be admitted in exceptional circumstances, which are not present here.

Court Disposition

Plaintiff's application for additional declaratory relief and to adduce new expert evidence refused; appeal to proceed on statutory grounds only and on the material before the Ombudsman.

Orders

  • Plaintiff limited to prosecuting the statutory appeal under s.140 of the Pensions Act 1990.
  • Plaintiff not permitted to adduce new expert evidence (actuary's report) on the appeal.