SS, R (on the application of) v Knowsley NHS Primary Care Trust

SS, R (on the application of) v Knowsley NHS Primary Care Trust

The PCTs had made decisions precluding legal representation and, in Dr S's case, cross-examination at the Regulation 10 hearings. Such decisions are amenable to judicial review even though a statutory right of appeal exists. Fairness at the first stage may require legal representation and cross-examination, particularly where credibility is central or the case is complex. The decisions were quashed and the PCTs must reconsider in accordance with the principles set out in the judgment.

Parties
Claimant: Dr SS; Defendant: Knowsley NHS Primary Care Trust; Interested Party: Secretary of State for Health; Claimant: Dr J K Ghosh; Defendant: Northumberland NHS Care Trust
Jurisdiction
England and Wales
Judgment Date
19 January 2006
Procedural Posture
Judicial Review / Judgment and Post Judgment Orders
Outcome
Decisions quashed; permission to appeal granted
Legal Topics
Procedural Fairness, Right to Legal Representation, Cross Examination, Removal From Medical Performers List, Judicial Review, Statutory Interpretation
Administrative Law Health Law Employment Law Human Rights Procedural Fairness Right to Legal Representation Cross Examination Removal From Medical Performers List +2 more

Case Brief

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Parties

Dr SS

Claimant

Knowsley NHS Primary Care Trust

Defendant

Secretary of State for Health

Interested Party

Dr J K Ghosh

Claimant

Northumberland NHS Care Trust

Defendant

Procedural Posture

Judicial Review / Judgment and Post Judgment Orders

Legal Issues

  1. 1 Whether the Primary Care Trusts (PCTs) made decisions precluding legal representation and cross-examination at Regulation 10 hearings
  2. 2 Whether such decisions are amenable to judicial review given the existence of a statutory right of appeal
  3. 3 What fairness requires at the first stage of removal proceedings under the NHS Performers Lists Regulations 2004

Ratio Decidendi

The PCTs had made decisions precluding legal representation and, in Dr S's case, cross-examination at the Regulation 10 hearings. Such decisions are amenable to judicial review even though a statutory right of appeal exists. Fairness at the first stage may require legal representation and cross-examination, particularly where credibility is central or the case is complex. The decisions were quashed and the PCTs must reconsider in accordance with the principles set out in the judgment.

Court Disposition

Decisions quashed; permission to appeal granted

Orders

  • The decisions of the PCTs to refuse legal representation (and cross-examination in Dr S's case) are quashed.
  • PCTs to reconsider their decisions in light of the judgment.