A long-running dispute between the North Eastern Health Board and a surgeon, Dr Pawan K Rajpal, came before the Supreme Court yesterday when both sides appealed aspects of High Court decisions which were delivered nearly a year ago.
Dr Rajpal is appealing a judgment of the High Court in May 2004 which refused to set aside his suspension by the Minister for Health.
Since the High Court judgment was delivered, the Minister has lifted his suspension but Dr Rajpal has not returned to work at Cavan General Hospital because, he contends, unreasonable conditions have been attached to his return.
Also in the Supreme Court, the North Eastern Health Board has brought an appeal against a High Court judgment of last May insofar as that judgment set aside the decision of the board's chief executive to request the Minister to set up an inquiry into Dr Rajpal's conduct.
After hearing submissions yesterday, the Chief Justice, Mr Justice John Murray - with Mrs Justice Susan Denham and Mr Justice Adrian Hardiman - said the court would not be able to take up the continuing case today.
Mr Justice Murray said it would be possible to fix a date for the resumed hearing later this legal term and that the parties would be notified of the date.
In a judgment last year, Mr Justice Nicholas Kearns found that the health board's chief executive Paul Robinson had not adhered to fair procedures.