Unison, R (on the application of) & Anor v NHS Shared Business Services Ltd & Anor [2012] EWHC 624 (Admin) (15 March 2012)

Unison, R (on the application of) & Anor v NHS Shared Business Services Ltd & Anor [2012] EWHC 624 (Admin) (15 March 2012)

Unison lacks standing to bring judicial review as it has not demonstrated that its members are affected in an identifiable way by the outsourcing decision, failing the criteria set by the Court of Appeal. Additionally, the application was not brought promptly, as final decisions were made more than three months before proceedings commenced, and delay would cause prejudice and be detrimental to good administration.

Citation
[2012] EWHC 624 (Admin)
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) Determined Prior to Substantive Hearing
Outcome
Application for judicial review refused at threshold stage.
Legal Topics
Standing in Judicial Review, Delay in Judicial Review, Public Contract Regulations 2006, Outsourcing of Public Services, Remedies for Breach of Procurement Law
Administrative Law Public Procurement Standing in Judicial Review Delay in Judicial Review Public Contract Regulations 2006 Outsourcing of Public Services Remedies for Breach of Procurement Law

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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) Determined Prior to Substantive Hearing

Legal Issues

  1. 1 Whether a breach of the Public Contract Regulations 2006 gives rise to a public law remedy for a non-economic operator such as a trade union
  2. 2 Whether the claimant (Unison) has standing to bring judicial review in this context
  3. 3 Whether the application for judicial review was brought promptly or is barred by delay

Ratio Decidendi

Unison lacks standing to bring judicial review as it has not demonstrated that its members are affected in an identifiable way by the outsourcing decision, failing the criteria set by the Court of Appeal. Additionally, the application was not brought promptly, as final decisions were made more than three months before proceedings commenced, and delay would cause prejudice and be detrimental to good administration.

Court Disposition

Application for judicial review refused at threshold stage.

Orders

  • Permission for judicial review refused on grounds of lack of standing and delay.