The cliamant had challenged a decision by the respondent on the method of provision of general practioner medical services in her village. She said that the procedure had been flawed in that the consultation had been inadequate.
Held: Her appeal succeeded. May LJ, summarising the authorities as to whether a procedural unfairness was significant, said: ‘Probability is not enough. The defendant would have to show that the decision would inevitably have been the same and the court must not unconsciously stray from its proper province of reviewing the propriety of the decision-making process into the forbidden territory of evaluating the substantial merits of the decision.’
Judges:
May, Keene LJJ
Citations:
[2006] EWCA Civ 1291, [2006] 1 WLR 3315
Links:
Statutes:
Health and Social Care Act 2001 11(1)
Jurisdiction:
England and Wales
Citing:
Appeal from – Smith v North East Derbyshire Primary Care Trust and Another Admn 15-Jun-2006
The claimant sought to challenge the respondent’s decision to appoint a company based in the US to provide general practitioner medical services to two local villages. . .
Cited by:
Cited – Shoesmith, Regina (on The Application of) v OFSTED and Others CA 27-May-2011
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She . .
Cited – Save Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts Admn 7-Mar-2013
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
Cited – MR, Regina (on The Application of) v The Secretary of State for The Home Department Admn 10-Mar-2017
The claimant challenged the use of the Royal Prerogative to withdraw his passport. He had as a youth been involved with a terrorist organisation, but said that he now regretted that and was no longer so involved. He had sought to set up a business, . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Natural Justice
Updated: 07 July 2022; Ref: scu.245342