Orders made in dispute concerning agreement for additional hospital cover during COVID-19 pandemic

High Court makes a number of orders where the plaintiffs (private health companies) sought payment from the HSE for additional availability of hospital capacity during the COVID-19 pandemic, and in which the Defendant (HSE) entered a counter claim that the plaintiffs’ were overpaid and: (1) dismisses the plaintiff’s claim for payment orders; (2) dismisses the plaintiffs’ claim for payment in respect of depreciation for sum of €830,634; (3) makes a declaration that the plaintiffs were entitled to advance a claim for €377,072 regarding interest payable under related party load, and to advance a claim in the sum of €116,695 in respect of the interest payable under the syndicated loan; (4) dismisses the balance of the plaintiffs' claim for payment of interest under the loans; (5) makes a declaration that the HSE is entitled to repayment from the plaintiffs of €1,050,258 which was paid in respect of the syndicated loan; (6) grants judgement for HSE in the sum of €673,186; and (7) makes a declaration that the HSE was in breach of a clause in the Heads of Terms to the extent that the HSE refused to agree to the appointment of an independent firm of accountants to determine plaintiffs claims in respects of depreciation and interest payable.