Introduction
The Irish High Court has recently reiterated that the doctrine of res judicata applies to legally binding decisions by the Financial Services and Pensions Ombudsman (“FSPO”) and precludes parties from re-litigating an adjudicated complaint before the courts.
In Pysz v New Ireland Assurance Company PLC [2026] IEHC 165, the High Court dismissed a claim alleging mis-selling of a personal retirement savings account (“PRSA”) product and negligence, holding that the proceedings were barred by res judicata due to a prior, binding determination by the FSPO.
The plaintiff had already unsuccessfully pursued the same mis-selling complaint before the FSPO. The Court confirmed that the Oireachtas intended FSPO decisions to be final and binding, subject only to a statutory appeal, and that unsuccessful complainants cannot circumvent this statutory scheme by issuing fresh court proceedings.
