Adekola v NHS England

Adekola v NHS England

The Court held that Dr Adekola was, by operation of law, included on the Northamptonshire Primary Care Trust's medical practitioners list following the 2006 NHS reorganisation, regardless of notification or application, and thus the First-tier Tribunal had jurisdiction to issue a national disqualification order...

Source-derived case information.

Parties
Appellant: Adekola; Respondent: NHS England
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Medical Practitioners List, Jurisdiction of Tribunal, Statutory Interpretation, National Disqualification Order
Administrative Law Health Law Medical Practitioners List Jurisdiction of Tribunal Statutory Interpretation National Disqualification Order

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Summary, issues, holding and outcome

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Parties

Adekola

Appellant

NHS England

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Dr Adekola was lawfully included on the Northamptonshire Primary Care Trust's medical practitioners list after NHS reorganisation in 2006
  2. 2 Whether the First-tier Tribunal had jurisdiction to issue a national disqualification order against Dr Adekola

Ratio Decidendi

The Court held that Dr Adekola was, by operation of law, included on the Northamptonshire Primary Care Trust's medical practitioners list following the 2006 NHS reorganisation, regardless of notification or application, and thus the First-tier Tribunal had jurisdiction to issue a national disqualification order against her. Any inadequacy in the tribunal's reasoning was immaterial as the legal position was clear.

Court Disposition

Appeal dismissed