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The Court of Appeal has upheld the High Court's decision requiring a private hospital entity to provide security for costs in favour of a health insurance provider. The hospital's appeal contended that their financial inability was caused by the insurer's refusal to cover their facility and that the insurer delayed unreasonably in seeking security for costs. The Court of Appeal found no evidence of prejudice to the hospital due to the insurer's delay and determined that the hospital was 'effectively insolvent' and this was not caused by the insurer's actions.
Court of Appeal, security for costs, private hospital, health insurance provider, impecuniosity, delay, prejudice, affidavit evidence, declaratory reliefs, damages, funding conditions, financial difficulty, procedural history, competition law, market dominance, expert evidence, Rules of the Superior Courts (O. 31, r. 15), Companies Act 2014, Moorview Developments Ltd v. Cunningham, Savanne Ltd v. IBRC and Fingleton, CMC Medical Operations v VHI, Euro Safety and Training Services Limited v FÁS, Village Residents Association Ltd v. An Bord Pleanála, Werdna Ltd v. MA Insurances Services Ltd, Protégé International v Irish Distillers Limited, Connaughton Road v. Laing O’Rourke Construction.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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