Judicial Review for NHS – Justice overrules Hunt and NHS England on costs

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JR4NHS team morale boost – as Justice Cheema-Grubb agrees to cost capping order

Our Famous Five (L to R): Dr Graham Winyard, Professor Allyson Pollock, Dr Colin Hutchinson, Professor Sue Richards, Professor Stephen Hawking

On Thursday 22 February our Famous Five and their legal team won a very important ruling that has a significance even beyond this important judicial review (JR). The challenge encompassed in the JR was judged to have met the ‘statutory test of public interest’ and the attempt by the Department of Health and NHS England to impose a threat of punitive, uncapped costs was judged not to be in the public interest.

Here is the update from Peter Roderick for the JR4NHS team:

Dearest supporters,

I’m delighted to let you know that in an important judgment in the High Court this morning, Mrs Justice Cheema-Grubb found against the Secretary of State and NHS England who had fiercely resisted our renewed application for a cost capping order. She granted an order that in the event of us losing the JR, our liability for the Secretary of State’s and NHS England’s costs would be no more than £80,000 each; and she ordered them to pay our costs of the hearing.

She found that this was a case which met the statutory test of public interest, brought by responsible and public-spirited individuals, and that as the costs of the defendants were “very high” they should be capped so that the case could go ahead. She added that as the public was funding both sides, as tax-payers and through CrowdJustice, a capping order was “entirely appropriate”.

She also ordered that in the event of us winning the JR, the defendants’ liability to pay our costs would be capped at £115,000. Before the hearing we had offered a cap of £100,000 for our costs.

This judgment is fantastic news and a great relief. We now know that the money our supporters have donated will be enough to pay the defendants’ costs if we were to lose the JR, and that with a bit more fund-raising we have a good chance of being able to cover our own lawyers’ ‘reduced fee’ costs. Please continue to donate to and share the Round 3 crowdfunding page: https://www.crowdjustice.com/case/jr4nhs-round3/

The claimants were represented in Court by Peter Mant of 39 Essex Chambers instructed by Kate Harrison of Harrison Grant Solicitors.

Once again, thanks to every single one of you who has supported this case. It’s been critical, heart-warming, and essential for enabling the case to go ahead.

Peter Roderick