31 August 2018

Claimants denied costs for failing to use the NHS Complaints Procedures

Claimants denied costs in Judicial Review proceedings for failing to use the NHS Complaints Procedures
Healthcare Law blog 31 August 2018
  • Review of a case regarding a judicial review challenge to the adequacy of a home package of continuing care. The claimant was denied their costs, despite a decision by the CCG to substantially increase the level of care after proceedings were issued. 
  • Central to the judge’s decision to make no order as to costs was the CCG’s submission that judicial review was a remedy of last resort, and that the claimant had failed to seek to resolve the matter through the formal NHS Complaints Procedure before applying for judicial review.