Hexpress Healthcare Limited, R (on the application of) v Care Quality Commission

Hexpress Healthcare Limited, R (on the application of) v Care Quality Commission

Permission for judicial review is granted solely on the arguable ground that the CQC's generalised findings from a statistically insignificant sample may be disproportionate and unlawful; all other grounds are unarguable. The CQC's condensed factual accuracy correction process is fair and lawful.

Source-derived case information.

Parties
Claimant: Hexpress Healthcare Limited; Defendant: Care Quality Commission
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Judicial Review / Permission and Interim Relief Hearing
Outcome
Permission granted under Ground 2; refused under Grounds 1, 3, 4, and 5. Application for injunction refused.
Legal Topics
Judicial Review, Regulatory Inspection, Procedural Fairness, Statistical Evidence, Injunctions
Administrative Law Health Law Judicial Review Regulatory Inspection Procedural Fairness Statistical Evidence Injunctions

Source-derived case record

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Parties

Hexpress Healthcare Limited

Claimant

Care Quality Commission

Defendant

Procedural Posture

Judicial Review / Permission and Interim Relief Hearing

Legal Issues

  1. 1 Whether the CQC's findings based on a statistically insignificant sample were proportionate and lawful
  2. 2 Whether the CQC's factual accuracy correction process was procedurally fair
  3. 3 Whether the CQC failed to give reasons for departing from previous inspection findings

Ratio Decidendi

Permission for judicial review is granted solely on the arguable ground that the CQC's generalised findings from a statistically insignificant sample may be disproportionate and unlawful; all other grounds are unarguable. The CQC's condensed factual accuracy correction process is fair and lawful.

Court Disposition

Permission granted under Ground 2; refused under Grounds 1, 3, 4, and 5. Application for injunction refused.

Orders

  • Permission to apply for judicial review granted under Ground 2
  • Permission refused under Grounds 1, 3, 4, and 5