Mary George Ltd, R (on the application of) v Care Quality Commission & Anor

The challenges to both the Care Quality Commission's report and Wirral Borough Council's suspension of referrals are unarguable; the decisions were not Wednesbury unreasonable, were based on proper application of regulations and contractual terms, and any interference with possessions was proportionate; permission for judicial review is refused.

Parties: Claimant: Mary George Limited; First Defendant: Care Quality Commission; Second Defendant: Wirral Borough Council
Jurisdiction: England and Wales
Judgment Date: 21 May 2013
Procedural Posture: Judicial Review / Renewed Application for Permission
Legal Topics: Judicial Review, Wednesbury Unreasonableness, Public Law Vs Private Law, Health and Social Care Act Compliance, Article 1 Protocol 1 ECHR

Administrative Law Contract Law Human Rights Judicial Review Wednesbury Unreasonableness Public Law Vs Private Law Health and Social Care Act Compliance Article 1 Protocol 1 ECHR

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Parties

Mary George Limited

Claimant

Care Quality Commission

First Defendant

Wirral Borough Council

Second Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

1 Whether the Care Quality Commission's findings and report were Wednesbury unreasonable
2 Whether Wirral Borough Council's suspension of referrals was unlawful or disproportionate
3 Whether the claim was brought within the required time limits