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Rustom Manecksha refused Supreme Court appeal over Minister joined to HSE case

By Eimear Byrne

Historic decision · Decision date:

He has already filed an appeal against the High Court order in the Court of Appeal, where the Supreme Court said any alleged error can be addressed.

Rustom Manecksha, a consultant at St James's Hospital and Tallaght Hospital, has been refused leave to appeal directly to the Supreme Court from the High Court. O'Malley, Collins and O'Moore JJ. gave the determination on 12 October 2026.

He wanted to challenge the High Court order joining the Minister for Health to his proceedings against the Health Service Executive. That ruling was given on 12 June 2026. He relied on the same grounds as were used in Manning v Health Service Executive, which the same panel decided on the same day.

The Supreme Court said his application raises precisely the same issues as Manning. It said the only difference is that Mr Manecksha works at different hospitals. For the reasons given in that determination, it found the application does not meet the constitutional threshold for leave to appeal.

The Court noted that Mr Manecksha has an appeal as of right from the High Court to the Court of Appeal, and has already filed one. It said any alleged error by the High Court can be addressed in that appeal. Leave to appeal to the Supreme Court was refused.

Sources

Source: Courts Service of Ireland. Read the linked determination for the court’s exact decision.

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