Public Law and Judicial Review for the NHS

We review board papers and resolutions, and produce checklists so that decision-makers can demonstrate that they have taken account of all relevant considerations and legal duties. Once decisions have been made, we will help you to draft decision letters in order to comply with the public law requirement to give reasons.

If you receive pre-action correspondence threatening judicial review, we will draft letters of response under the Judicial Review Pre-Action Protocol to help you to head off a potential legal claim. If our initial analysis suggests that there may have been flaws in the original decision-making we will alert you to this so that you can consider alternatives to litigation.

We regularly represent NHS bodies in the Administrative Court and Court of Appeal and have a strong track record of successfully defending judicial review claims. Many of the judicial reviews that we defend are dismissed at the permission stage which avoids the costs and time commitment needed for a full hearing. By providing swift and rigorous analysis and, where appropriate, a robust response to public law challenges we will best protect both:

• The delivery of your strategic objectives, by ensuring that your decisions are upheld when subject to judicial scrutiny; and

The protection of your reputation, by ensuring the consistent presentation of your position to courts and other stakeholders, and the cost-effective delivery of responses to challenge.

Capsticks has many years’ experience of the legal framework under which NHS bodies operate and can advise on the exercise of your functions; the extent of your statutory powers and the application of legal duties including the Public Sector Equality Duty. We regularly provide assurance to NHS boards that they are not acting ultra vires and that their decisions are consistent with public law principles.