Crilly v. T. & J. Farrington Ltd. [2001] IESC 60; [2002] 1 ILRM 161 (11 July 2001)

Crilly v. T. & J. Farrington Ltd. [2001] IESC 60; [2002] 1 ILRM 161 (11 July 2001)

The method of calculation of hospital charges by division of annual hospital costs by the number of occupied bed days (ADC) is reasonable, proper, and intra vires s.2 of the Health (Amendment) Act, 1986. The Act mandates a charge but does not require individualised costing. Averaging is reasonable, transparent, and not arbitrary, partial, or unjust. Parliamentary materials are not admissible unless legislative history is relevant; ministerial statements do not alter the clear statutory meaning.

Citation
[2001] IESC 60
Parties
Plaintiff: Derek Crilly; Defendant: T. J. Farrington Limited; Defendant: John O’Connor; Claimant/appellant: Eastern Health Board (now Eastern Regional Health Authority); Second Named Respondent/cross Appellant: FBD Insurance plc
Jurisdiction
Ireland
Judgment Date
11 July 2001
Procedural Posture
Appeal / Supreme Court Judgment Following High Court Decision
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Hospital Charges, Statutory Construction, Delegated Legislation, Parliamentary Materials Admissibility
Health Law Statutory Interpretation Administrative Law Hospital Charges Statutory Construction Delegated Legislation Parliamentary Materials Admissibility

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 5 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Derek Crilly

Plaintiff

T. J. Farrington Limited

Defendant

John O’Connor

Defendant

Eastern Health Board (now Eastern Regional Health Authority)

Claimant/appellant

FBD Insurance plc

Second Named Respondent/cross Appellant

Procedural Posture

Appeal / Supreme Court Judgment Following High Court Decision

Legal Issues

  1. 1 Whether the method of calculation of hospital charges under s.2 of the Health (Amendment) Act, 1986 is reasonable and intra vires
  2. 2 Whether parliamentary materials (ministerial statements) are admissible in statutory interpretation

Ratio Decidendi

The method of calculation of hospital charges by division of annual hospital costs by the number of occupied bed days (ADC) is reasonable, proper, and intra vires s.2 of the Health (Amendment) Act, 1986. The Act mandates a charge but does not require individualised costing. Averaging is reasonable, transparent, and not arbitrary, partial, or unjust. Parliamentary materials are not admissible unless legislative history is relevant; ministerial statements do not alter the clear statutory meaning.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • Declaration granted that the method of calculation of the charge under s.2 of the Health (Amendment) Act, 1986 by division of annual hospital costs by occupied bed days is reasonable, proper, and intra vires the Act.
  • Order setting aside the High Court decision.