Source: All England Reporter
Publisher Citation: [2012] All ER (D) 88 (Apr)
Neutral Citation: [2012] EWCA Civ 472
Court: Court of Appeal, Civil Division
Judge:

Arden, Richards LJJ and Sir Stephen Sedley
Representation 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.
Judgment Dates: 19 April 2012

Catchwords

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.

The Case

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.

Practice Areas

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