Citation: [2015] EWHC 3752 (Admin)
Nature of case:
Judgment was handed down 21 December 2015 in the first High Court case to consider the National Health Service (Procurement, Patient Choice and Competition) No 2 Regulations 2013. These regulations were adopted under the Health and Social Care Act 2012 and apply to the commissioning of NHS services by NHS England (and clinical commissioning groups). The case concerned an application for judicial review of a decision by NHS England not to contract with a provider of stereotactic radiosurgery services (SRS) during an interim period pending a services review and national procurement for SRS. Damages were also claimed under the Human Rights Act 1998.
Finding against the claimant, Mr Justice Foskett interpreted guidance published by Monitor (the Regulator for NHS services) and concluded that the refusal to contract was objectively justified in all the circumstances and did not infringe the relevant regulations. As a result the damages claim fell away.
Counsel: Simon Taylor (instructed by Blake Morgan) acted for the successful defendant.
