With Power Comes Scrutiny: Judicial Review of Clinical Commissioning Group Decisions

See Civil Procedure Rules, Part 54.

A requirement in all judicial review applications is that the person has “standing”. This essentially means that the person is actually affected by the decision and that there is no better person to bring the application.

This categorisation follows Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374.

HM Government, Code of Practice on Consultation (July 2008).

Discussed in R v North and East Devon Health Authority, ex p Coughlan [2001] QB 213.

R v Ministry of Defence, ex parte Murray [1998] COD 134.

See R v North West Lancashire Health Authority, ex p A, D & G [2001] 1 WLR 977; Rogers, R (on the application of) v Swindon NHS Primary Care Trust & Anor [2006] EWCA Civ 392; [2006] WLR 2649, [2006] 1 WLR 2649, [2006] EWCA Civ 392.

Indeed failure to adopt and implement a general policy may give rise to the ground of irrationality.

Condliff v North Staffordshire Primary Care Trust [2011] EWCA Civ 910.

Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374.

See Craig Paul , Administrative Law (6th Edition, 2008), p. 616.

Rogers R , (on the application of) v Swindon NHS Primary Care Trust & Anor [2006] EWCA Civ 392; [2006] WLR 2649, [2006] 1 WLR 2649, [2006] EWCA Civ 392.

See R v North West Lancashire Health Authority, ex p A, D & G [2001] 1 WLR 977.

See BBC News, “NHS Gloucestershire legal battle reaches High Court” (8 February 2012).