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High Court grant's Plaintiff's application for an interlocutory injunction restraining the HSE from taking any steps in respect of a proposed investigation into alleged misconduct, on the grounds that the Plaintiff, a colorectal surgeon, raised a fair issue to be tried that the HSE's chief executive officer unlawfully delegated a crucial aspect of his decision-making function in the inquiry to an independent investigator.
Application for interlocutory injunction - restrain HSE from taking any steps in respect of proposed investigation into alleged misconduct - prohibitory or mandatory injunction - has the plaintiff raised a fair question to be tried - has the CEO engaged in an unlawful delegation of his function or is the appointment of the Investigator a permitted ‘further examination’ into the matter in accordance with Para. 4 of Appendix IV - balance of convenience - Merck Sharpe and Dohme v Clonmel Healthcare - Terms or Reference go significantly beyond notification - appointment of investigator is a valid exercise of the CEO's power - unlawful - plaintiff raises fair question to be tried - relief granted.
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