Sashi Shashikanth, R (on the application of) v NHS Litigation Authority & Anor

Sashi Shashikanth, R (on the application of) v NHS Litigation Authority & Anor

The claim was dismissed because the decisions of NHS England and the NHSLA adjudicator, arising from a non-NHS contract, are not amenable to judicial review except in cases of fraud or bad faith. The Claimant was limited to private law remedies. The adjudicator's decision, even if based on an error of law, could not be challenged by judicial review. Refusal of judicial review did not breach the Claimant's ECHR rights as he had private law remedies and voluntarily chose the dispute resolution process.

Parties
Claimant: Sashi Shashikanth; 1st Defendant: NHS Litigation Authority; 2nd Defendant: NHS Commissioning Board (NHS England)
Jurisdiction
England and Wales
Judgment Date
11 October 2022
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Amenability to Judicial Review, NHS Contracts, Variation of Contract, Data Protection, Termination of Contract
Administrative Law Contract Law Health Law Judicial Review Amenability to Judicial Review NHS Contracts Variation of Contract Data Protection +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Sashi Shashikanth

Claimant

NHS Litigation Authority

1st Defendant

NHS Commissioning Board (NHS England)

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the decisions of the NHSLA and NHS England to terminate the Claimant's GMS contracts are amenable to judicial review
  2. 2 Whether the contracts were lawfully varied to include a duty to cooperate with Primary Care Networks (PCNs)
  3. 3 Whether the Claimant was in breach of contract for refusing to cooperate with the PCN and share patient data

Ratio Decidendi

The claim was dismissed because the decisions of NHS England and the NHSLA adjudicator, arising from a non-NHS contract, are not amenable to judicial review except in cases of fraud or bad faith. The Claimant was limited to private law remedies. The adjudicator's decision, even if based on an error of law, could not be challenged by judicial review. Refusal of judicial review did not breach the Claimant's ECHR rights as he had private law remedies and voluntarily chose the dispute resolution process.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.