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Appellant made positive decision not to appeal decision of financial ombudsman at relevant time
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High Court dismisses an application by an appellant seeking extra time to appeal a decision of the Financial Services Ombudsman not to award him benefits due to alleged ill health, on the grounds that the appellant had made a positive decision not to appeal at the relevant time because he was advised that it was unlikely to succeed and would be extremely costly.
Appeal brought by appellant against a determination of the respondent from January 2014 - appellant also seeking relief of order extending time to bring the within proceedings - appellant is school teacher who retired in 2012 at the age of 44 on grounds of alleged ill health - he is a member of a teachers union who took out a group permanent health insurance scheme with the notice party to which he subscribed - appellant was examined by consultant psychiatrists - notice partys psychiatrists concluded that the appellant was not in fact disabled from pursuing his occupation as a teacher in their opinion and the notice party accordingly declined the claim - appellant made complaint to financial services ombudsman and had his complaint dismissed - appellant had 21 days to appeal - appellant sought advice that an appeal would be €100,000 - appellant had arguable grounds for appeal.
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