||All England Reporter
|| All ER (D) 88 (Apr)
|| EWCA Civ 472
||Court of Appeal, Civil Division
Arden, Richards LJJ and Sir Stephen Sedley
||Alan MacLean QC and David Scannell (instructed by Hempsons) for the trust.
||Dinah Rose QC and Marina Wheeler (instructed by Capsticks LLP) for the committee.
||19 April 2012
National Health Service - Specialist services - Applicant hospital trust providing paediatric congenital cardiac services (PCCS) - First respondent committee being appointed to conduct consultation on review of PCCS - Trust's hospital being excluded from proposed options, meaning closure of PCCS - Trust challenging consultation process - Consultation being quashed on ground of breach of legitimate expectation - Whether judge erring.
National Health Service Specialist services. The Court of Appeal, Civil Division, allowed the respondent's appeal, holding that the consultation process regarding the closure of a hospital unit had not been unfair as there had not been a clear and unequivocal representation made to the applicant upon which it could have founded a legitimate expectation.
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