A, Re Judicial Review [2014] NIQB 74 (22 May 2014)

The court held that the SAI review process was conducted within the discretion of the Trust and Board, the guidance was not binding, there was no manifest unlawfulness, procedural unfairness, or bias, and no breach of ECHR rights was established. The application was rejected.

Citation: [2014] NIQB 74
Parties: Applicant: A; First Respondent: Belfast Health and Social Care Trust; Second Respondent: Health and Social Care Board
Jurisdiction: Northern Ireland
Judgment Date: 22 May 2014
Procedural Posture: Judicial Review / Application for Leave to Apply for Judicial Review and Substantive Determination
Outcome: Application rejected
Legal Topics: Judicial Review, Procedural Fairness, Legitimate Expectation, Bias, Article 2 ECHR, Article 3 ECHR, Article 8 ECHR, Serious Adverse Incident Review, Public Law Remedies

Administrative Law Health Law Human Rights Judicial Review Procedural Fairness Legitimate Expectation Bias Article 2 ECHR +4 more

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Parties

Applicant

Belfast Health and Social Care Trust

First Respondent

Health and Social Care Board

Second Respondent

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review and Substantive Determination

Legal Issues

1 Whether the SAI review process conducted by the Trust and Board was procedurally unfair or biased
2 Whether the applicant's legitimate expectations were breached
3 Whether there was a breach of Articles 2, 3, or 8 ECHR

Ratio Decidendi

Court Disposition

Application rejected