R v Liverpool Health Authority and Others ex parte Hopley

[2002] Lloyd's Rep Med 494

(ADMINISTRATIVE COURT)

and Mr Justice PITCHFORD

Judicial review — Decision of a Health Authority, as the Defendant in a claim for clinical negligence, to withhold consent for a With Profits Structured Settlement under section 2 of the Damages Act 1996 — Whether this was the decision of a public body amenable to judicial review or the exercise of a private function susceptible to challenge only in an action to enforce a private law right — If amenable to judicial review, whether that decision was unlawful, including whether it was unlawfully fettered by application of a blanket policy, whether irrelevant matters had been taken into account and whether the decision was irrational.