Courts / Dublin / Report

Action against Ombudsman over refusal to investigate BOI's wrongful bid to seize home resolved

Date
2024-02-14

Stage
Hearing Or Decision

Primary locality
Portmarnock

County
Dublin

Summary

High Court proceedings brought by Garret Lawn, a driver from Portmarnock, against the Financial Services and Pensions Ombudsman have been resolved. Mr Lawn, represented by HG Carpendale Solicitors, challenged the Ombudsman's refusal to investigate a complaint regarding Bank of Ireland Mortgage Bank. The complaint alleged that the bank wrongfully commenced possession proceedings against his family home in 2018, causing distress and adversely affecting his credit rating. Although the bank withdrew the action in 2019 and offered compensation, the Ombudsman declined to investigate in April of last year, citing a lack of jurisdiction due to prior court involvement. Mr Lawn argued this was an error, contending the dispute had never been before a court and that the Ombudsman acted unreasonably and outside its powers. Following discussions, the matter was resolved before Ms Justice Niamh Hyland. The Ombudsman consented to an order quashing its decision not to investigate the complaint. The court accepted that the proceedings were resolved on these terms, effectively overturning the initial refusal to probe the alleged wrongful bid to seize the property.

Who, what, where, when and why

What: Report matter: Action against Ombudsman over refusal to investigate BOI's wrongful bid to seize home resolved. Procedural stage: hearing_or_decision

When:

2024-02-14 Publication

Why: In a decision last year, the Ombudsman declined to conduct an investigation into the complaint on the grounds that it lacked jurisdiction to hear the matter because there had been other proceedings in respect of the dispute and it had been before a court of law. CNI source report