Source: All England Reporter
Publisher Citation: [2002] All ER (D) 240 (Mar)
Court: Administrative Court
Judge:

Scott Baker J

Representation Edward Faulks QC and Stephen Cragg (instructed by Harman and Harman) for Howard.
  Richard Lissak QC and Nicholas Bowen (instructed by Alexander Harris) for Wright-Hogeland.
  Philip Sales and Jonathan Swift (instructed by the Department of Health) for the Secretary of State.
Judgment Dates: 15 March 2002

Catchwords

Natural justice - Public inquiry - National health service - Secretary of State deciding to hold private inquiries into circumstances surrounding serious misbehaviour of two doctors - Whether decisions irrational or unlawful - s 2.

The Case

The decisions of the Secretary of State not to hold a public inquiries into the circumstances surrounding the serious misbehaviour of two doctors was not irrational or unlawful since there was no general principle that such inquiries should be in public. Moreover, in cases under the there was no presumption one way or the other as to the form of an inquiry. It was up to the Secretary of State to take a decision in the light of all the relevant considerations in the particular case. Furthermore, art10 of the European Convention on Human Rights was not engaged.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.