Bupa Ireland Ltd. & Anor v. Health Insurance Authority & Ors [2005] IEHC 453 (29 December 2005)

Bupa Ireland Ltd. & Anor v. Health Insurance Authority & Ors [2005] IEHC 453 (29 December 2005)

There are no highly exceptional circumstances warranting the unusual interlocutory order sought by Bupa. The purpose of interlocutory relief is to preserve the status quo, not to make a final determination. Damages would be an adequate remedy for any losses suffered by Bupa, even if forced to leave the Irish market.

Citation
[2005] IEHC 453
Parties
Applicant: Bupa Ireland Ltd.; Applicant: Bupa Insurance Ltd.; Respondent: Health Insurance Authority; Respondent: Minister for Health and Children; Respondent: Ireland; Respondent: Attorney General; Notice Party: Voluntary Health Insurance Board
Jurisdiction
Ireland
Judgment Date
29 December 2005
Procedural Posture
Judicial Review / Interlocutory Application
Outcome
Application refused
Legal Topics
Risk Equalisation Scheme, Health Insurance, Interlocutory Relief, Adequacy of Damages
Administrative Law Constitutional Law European Union Law Risk Equalisation Scheme Health Insurance Interlocutory Relief Adequacy of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Bupa Ireland Ltd.

Applicant

Bupa Insurance Ltd.

Applicant

Health Insurance Authority

Respondent

Minister for Health and Children

Respondent

Ireland

Respondent

Attorney General

Respondent

Voluntary Health Insurance Board

Notice Party

Procedural Posture

Judicial Review / Interlocutory Application

Legal Issues

  1. 1 Whether interlocutory relief should be granted to prevent the Risk Equalisation Scheme payment provisions from taking effect pending determination of proceedings
  2. 2 Whether exceptional circumstances exist to justify the unusual interlocutory order sought
  3. 3 Whether damages would be an adequate remedy for Bupa if forced to leave the Irish market

Ratio Decidendi

There are no highly exceptional circumstances warranting the unusual interlocutory order sought by Bupa. The purpose of interlocutory relief is to preserve the status quo, not to make a final determination. Damages would be an adequate remedy for any losses suffered by Bupa, even if forced to leave the Irish market.

Court Disposition

Application refused

Orders

  • Refusal of interlocutory order sought by Bupa Ireland Ltd. and Bupa Insurance Ltd.