Neil Garnham QC, Marina Wheeler and Karwan Eskerie, representing the four NHS defendants, successfully resisted a judicial review challenge by Enfield London Borough Council (R(on the application of Enfield LBC) v Barnet Clinical Commissioning Group [2013 EWHC 3496 (Admin)). The challenge was brought against the implementation of a decision by the local NHS to remove certain A&E services from Chase Farm Hospital in North London and the Secretary of State’s approval of that decision. It was contended inter alia that there had been a breach of legitimate expectations, a failure to comply with the Secretary of State’s directions and inadequate consultation.
Following an expedited rolled-up hearing, Bean J refused the Council’s application, accepting the defendants’ submission that there was no arguable case for judicial review.
