Brian Manning, a consultant at Cork University Hospital, has been refused leave to bypass the Court of Appeal and take a direct appeal to the Supreme Court. O'Malley, Collins and O'Moore JJ. gave the determination on 12 October 2026.
Mr Manning is challenging a HSE memorandum of 5 February 2025 saying surgical hubs are to be used only for public patients. His 2008 consultants contract allows private practice for 20 per cent of the working week. He argues the decision breaches his contract, his right to earn a livelihood and his legitimate expectation. The HSE says it was implementing Government policy under the Sláintecare Report.
The Minister for Health applied to be joined to the case. On 12 June 2026 Barr J. in the High Court allowed that, finding it arguable that the memorandum contained a ministerial decision. Mr Manning asked the Supreme Court for leave to appeal that ruling.
The Court said the High Court applied well-established principles to the facts, and the ruling was an interlocutory procedural decision made in case management. It said such appeals will rarely meet the constitutional threshold, and no exceptional circumstance was shown to justify a direct appeal. It noted that Mr Manning has an appeal as of right to the Court of Appeal, and has already taken steps to use it.