BUPA not acting in public interest, says judge

BUPA must pay all of the legal costs, estimated at more than €5 million, arising from its unsuccessful court challenge to the introduction of the Risk Equalisation Scheme (RES) in the health insurance market, the High Court has ruled.

Mr Justice Liam McKechnie said yesterday that BUPA’s challenge was essentially brought to preserve its commercial position and there were no special factors which would justify the court departing from the normal practice that costs be paid by the losing party.

While he had no doubt the issues raised in the case were of public importance and in the public interest, there was no doubt that, in this case, the indisputable key factor and driving interest of BUPA was to preserve its position in the health insurance market and to protect its commercial position, its profits and reserves, he said.