The Court of Appeal (Lewis, Nicola Davies and Asplin LJJ) has handed down judgment in R (Shashikanth) v NHS Litigation Authority and NHS Commissioning Board (aka NHS England) [2024] EWCA Civ 1477.
The dispute arose from a decision by NHS England (“NHSE”) to terminate contracts for the provision of primary medical services with the Appellant GP, and a subsequent decision by an Adjudicator appointed by the Secretary of State upholding this termination. The High Court (Bourne J, [2022] EWHC 2526 (Admin) held that neither NHSE’s termination nor the determination of the Adjudicator was amenable to judicial review for error of law. The GP obtained permission to appeal in relation to the amenability of the Adjudicator only. The Court of Appeal held that this determination was amenable to judicial review, and was based on an error of law.
Jonathan Auburn KC and Raphael Hogarth acted for NHS England, instructed by Bevan Brittan LLP.
