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06 December 2013
Issue: 7587 / Categories: Case law , Law digest , In Court
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National Health Service

R (on the application of the Enfield London Borough Council) v Barnet Clinical Commissioning Group and others [2013] EWHC 3496 (Admin), [2013] All ER (D) 279 (Nov)

In September 2013, clinical commissioning groups (CCGs) and an NHS Trust decided to implement prior decisions, endorsed by the secretary of state for health to close the accident and emergency department of a hospital (the A&E) with effect from December 2013. The claimant local authority applied for judicial review, arguing among other things that the CCGs had created a substantive expectation, either as to the actual primary care services to be in place before closure or as to an identifiable level of such services, from which it would be an abuse of power for the CCGs to depart. 

In refusing permission to apply for judicial review, the court held that it was settled law that the initial burden lay on an applicant to prove the legitimacy of his expectation. That meant that, in a claim based on a promise, the claimant had to prove the promise, and that it

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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