2012 09 Health Care

Monday 1 October 2012

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Newcastle Upon Tyne Hospital NHS Foundation Trust v (1) Newcastle Primary Care Trust (2) North Tyneside Primary Care Trust (3) Northumberland Primary care Trust (4) Stockton on Tees Teaching Primary Care Trust [2012] EWHC 2093 (QB) (Tugendhat J): The High Court granted an application, under the Public Contracts Regulations 2006, regulation 47H, to lift the automatic suspension of a procurement process imposed by regulation 47G. The Court held that the balance of convenience favoured lifting the suspension because it would not be just to put the Defendant in a position where it had no choice but to award an interim contract to an unsuccessful bidder, who was the existing service provider, when it did not consider that to be the proper course. (click here for transcript).

R (on the application of Tosar) v (1) Milton Keynes Primary Care Trust (2) NHSLA (Judge Seys-Llewellyn QC): In an extempore judgment the court held that when a primary care trust had granted an applicant preliminary consent to provide pharmaceutical services in a defined neighbourhood, the trust could only grant full consent under the National Health Service (Pharmaceutical Services) Regulations 2005 regulation 41(1)(c) if the premises from which those services would be provided were located within that neighbourhood. (no transcript available).

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