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14 October 2016
Issue: 7718 / Categories: Case law , Law digest , In Court
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NHS

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R (on the application of Justice for Health Ltd) v Secretary of State for Health [2016] EWHC 2338 (Admin), [2016] All ER (D) 87 (Sep)

The Administrative Court dismissed an application on behalf of a group of junior doctors for judicial review, challenging the defendant secretary of state’s adoption of a decision to introduce new contract terms and conditions for NHS employees. The court held that that decision fell within the scope of the secretary of state’s powers under the National Health Service Act 2006, and that he had not exercised any statutory power to compel employers within the NHS to introduce the proposed terms and conditions, in respect of which individual employers were free to negotiate with employees. Further, there had been no breach of the principles of transparency or good administration and the secretary of state’s decision had not been irrational.

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