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Regulatory proceedings and property rights: revisited

Herbert Smith Freehills LLP
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United Kingdom
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April 19 2007

The Court of Appeal has reversed the decision of the High Court in R (Malik) v Waltham Forest Primary Care Trust and others 2006 EWHC 487, in which Mr Justice Collins held that a decision by a Primary Care Trust to suspend a doctor from the medical performers list, as part of professional disciplinary processes, was an unjustified interference with the doctor's rights under Article 1 of the First Protocol (the right to peaceful enjoyment of possessions) ("A1P1"

NICE, but unreasonable: the Court of Appeal quashes a decision of NICE on the grounds that it is inadequately reasoned

Herbert Smith Freehills LLP
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United Kingdom
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April 23 2010

In R (Servier Laboratories Limited) v National Institute for Health and Clinical Excellence & Anr 2010 EWCA Civ 346 the Court of Appeal held that a decision of NICE, the National Institute for Health and Clinical Excellence, should be quashed as it lacked adequate reasoning and the court had 'grave concerns' about its rationality

Quashing a decision on the basis of material error of fact

Herbert Smith Freehills LLP
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United Kingdom
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April 30 2010

In R (March) v Secretary of State for Health 2010 EWHC 765 (Admin), Mr Justice Holman in the High Court quashed on the grounds of material error of fact a decision by the Secretary of State concerning the level of ex gratia payments made to NHS patients treated with contaminated blood

Ombudsman decision underlines importance of considering all available medical evidence on ill-health early retirement pension claims

Herbert Smith Freehills LLP
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United Kingdom
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September 30 2010

Sanderson concerned an application for an ill-health early retirement pension from the Local Government Pension Scheme (LGPS

Contracting with public authorities: public or private law?

Herbert Smith Freehills LLP
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United Kingdom
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April 27 2012

Two recent High Court cases illustrate the difficulties in determining when a party contracting with a public authority can pursue public law remedies

High Court sets out key principles to ensure a fair consultation process

Herbert Smith Freehills LLP
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United Kingdom
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April 10 2013

In the recent decision of R (on the application of Save our Surgery Ltd) v Joint Committee of Primary Care Trusts 2013 EWHC 439, the court quashed

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Regulatory proceedings and property rights: revisited

NICE, but unreasonable: the Court of Appeal quashes a decision of NICE on the grounds that it is inadequately reasoned

Quashing a decision on the basis of material error of fact

Ombudsman decision underlines importance of considering all available medical evidence on ill-health early retirement pension claims

Contracting with public authorities: public or private law?

High Court sets out key principles to ensure a fair consultation process

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