# Ulster Bank keeping the Ombudsman busy in the High Court



## Brendan Burgess (17 Aug 2021)

Ulster Bank has challenged three Ombudsman's decisions in the High Court



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High Court2021/137 MCAUlster Bank Ireland DAC -v- Financial Services & Pensions OmbudsmanHigh Court2021/145 MCAFinancial Services & Pensions Ombudsman -v- Ulster Bank Ireland DACHigh Court2021/173 MCAUlster Bank Ireland DAC -v- Financial Services & Pensions OmbudsmanHigh Court2021/174 MCAUlster Bank Ireland DAC -v- Financial Services & Pensions Ombudsman

2021/145  where the Ombudsman is the plaintiff is a bit odd. It's possibly some administrative error by the Ombudsman which  he has to go to the High Court to correct.

Brendan


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## ClubMan (17 Aug 2021)

Brendan Burgess said:


> It's possibly some administrative error by the Ombudsman which  he has to go to the High Court to correct.


Expensive error if so!


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## Brendan Burgess (17 Aug 2021)

It would be more embarrassing than expensive.  All sides would probably agree to it, so they just need the High Court to give their approval. 

There was one a few years ago where say, X ltd  made a complaint against  AIB.  The Ombudsman upheld the complaint but told AIB to pay X €1,000 instead of X Ltd. So he had to go to the High Court to fix it as he can't change the decision himself.  But there was no dispute.

Brendan


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## JMexubbanker (22 Aug 2021)

Hi Brendan

Where can we find more information out about the particulars of each of these cases?

We have been advised that our case has been paused by the FSPO because we are impacted by this action.

I presume that if the Ombudsman upheld a complaint against Ulster Bank and if the High Court rejects Ulster Bank's appeal, the Ombudsman will also uphold our complaint which is similar.

Interesting times ahead. 



Many thanks


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## Brendan Burgess (23 Aug 2021)

Hi JM

I have not got to the bottom of the availability of papers in a High Court case. I understand that they are a matter of public record, but they are not published.  You can follow the case number and see when the next listing in the court is. In ordinary times, you could attend the court and you might learn something. But most of the listings are just procedural and you will hang around the court for ages and nothing will happen. 

The Ombudsman judges every case on its merit but, at the same time, they like to be consistent. 

*If the High Court rejects Ulster Bank's appeal *

What matters here is the attitude of the Central Bank.  As there are many people affected by the same issue, the Central  Bank will probably tell Ulster Bank to apply it to all affected customers, whether they have complained or not.

So, the Ombudsman, will probably leave your case on hold and wait until Ulster Bank resolves these issues.

*If the High Court upholds Ulster Bank's appeal *
The Ombudsman will have to reconsider the case bearing in mind the guidance provided by the High Court which means that he will reject all similar appeals.


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## Brendan Burgess (23 Aug 2021)

To find out what is actually happening in a case


1) http://highcourtsearch.courts.ie/hcslive/cslogin
2) Click on I accept
3) Enter the year 2021
4) Enter the Case no. 137
5) Under Proceedings select MCA

This will bring you to





6) Click on View
7) Click on Listing  and you will see



8) So it's down for mention on 11th October next

So nothing will happen.  The judge will ask Ulster Bank and the Ombudsman if they are ready to proceed.   If the case is ready, then they will be allocated a day and time at some stage in the long distant future.

Brendan


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## JMexubbanker (23 Aug 2021)

Brendan Burgess said:


> Hi JM
> 
> I have not got to the bottom of the availability of papers in a High Court case. I understand that they are a matter of public record, but they are not published.  You can follow the case number and see when the next listing in the court is. In ordinary times, you could attend the court and you might learn something. But most of the listings are just procedural and you will hang around the court for ages and nothing will happen.
> 
> ...


That's really very helpful. Thank you very much indeed


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