R v North Thames Regional Health Authority, ex parte L

(1996) 7 Med LR 385

QUEEN'S BENCH DIVISION, CROWN OFFICE LIST

and Mr Justice SEDLEY

National Health Service — Disciplinary functions — Responsibility — Doctors' “honorary” clinical contracts — Whether binding contracts of employment — Whether primary or delegated legislation effected transfer of doctors' employment from Regional Health Authority (RHA) to NHS Trusts — Whether patient making complaint through his father had sufficient interest to challenge legality or rationality of decisions taken by RHA not to bring disciplinary proceedings against doctors — Whether employment which doctors had under honorary clinical contract with NHS Trust was continuation in law of antecedent contractual relationship with RHA — Whether NHS Trust had power in law to delegate discharge of its disciplinary function back to RHA