Unison, R (on the application of) & Anor v NHS Shared Business Services Ltd & Anor

Unison, R (on the application of) & Anor v NHS Shared Business Services Ltd & Anor

UNISON lacks standing because it failed to demonstrate that its members were affected in an identifiable way by the alleged breach of the 2006 Regulations, and the claim was not brought promptly as the relevant decisions were finalised months before proceedings commenced. Both standing and delay bar the claim.

Parties
Claimant: UNISON; Defendants: NHS Wiltshire Primary Care Trust and nine others; First Interested Party: NHS Shared Business Services Ltd; Second Interested Party: Secretary of State for Health
Jurisdiction
England and Wales
Judgment Date
15 March 2012
Procedural Posture
Judicial Review / Threshold Issues (delay and Standing) Determination
Outcome
Application dismissed
Legal Topics
Judicial Review, Standing, Delay, Public Contract Regulations 2006, Outsourcing, Remedies
Administrative Law Public Procurement Judicial Review Standing Delay Public Contract Regulations 2006 Outsourcing Remedies

Case Brief

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Parties

UNISON

Claimant

NHS Wiltshire Primary Care Trust and nine others

Defendants

NHS Shared Business Services Ltd

First Interested Party

Secretary of State for Health

Second Interested Party

Procedural Posture

Judicial Review / Threshold Issues (delay and Standing) Determination

Legal Issues

  1. 1 Whether a breach of the Public Contract Regulations 2006 gives rise to public law remedies via judicial review
  2. 2 Whether UNISON has standing to bring the claim
  3. 3 Whether the claim was brought promptly or is barred by delay

Ratio Decidendi

UNISON lacks standing because it failed to demonstrate that its members were affected in an identifiable way by the alleged breach of the 2006 Regulations, and the claim was not brought promptly as the relevant decisions were finalised months before proceedings commenced. Both standing and delay bar the claim.

Court Disposition

Application dismissed

Orders

  • Permission for judicial review refused due to lack of standing and delay