OK, you got a decision from the Ombudsman.
The broker did not appeal it.
The broker did not pay it.
Did you report the non-compliance to the Ombudsman? That would be the first thing to do. The Ombudsman gets really annoyed if a financial services provider does not follow his decisions.
told by brokers solicitor that it cannot be enforced as investment cannot be assigned.
What sort of an investment is this? If it's a unit linked investment, it can be cashed and the broker can make up the shortfall. The broker can meet the principle of the Ombudsman's decision even if the actual decision can't be enforced.
Secondly, what does your solicitor now advise? Does the broker have any case? It doesn't sound like it. He has lost twice already. He could win in the High Court, but from the sounds of it, it's highly unlikely he would be awarded costs against you. You would have to pay your own costs.
Thirdly, have you reported the matter to the Central Bank? The Central Bank would not be happy to hear of this messing. I would suspect that he will get a visit from the Central Bank and be told to resolve the issue.
Brokers must have Professional Indemnity insurance. You are probably dealing with the solicitors for the insurance company. You will get paid and it's crazy that it has taken this long to achieve it.