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Pam Smith v North Eastern Derbyshire Primary Care Trust & Secretary Of State For Health (Interested Party)

8 September 2006

The appellant (S) appealed against the judge's refusal of her application for judicial review ((2006) EWHC 1338 (Admin)) of the decision of the respondent primary health care trust regarding the provision of GP services in two villages in the area covered by the trust. The trust had invited and carried out a tender process for General Practitioner services in respect of two surgeries. It subsequently made the decision to engage a company (U) to provide those services, and to negotiate with U as a preferred bidder. S sought to challenge that decision and have it quashed on the ground that the trust had failed to perform its statutory duty of consultation under the Health and Social Care Act 2001 s.11. The judge found that the trust had been in breach of its duty under s.11 of the 2001 Act because there had been insufficient involvement of, and consultation with, patients. Despite that finding, the judge refused to grant relief having found (a) that S had failed to exhaust an alternat...

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