Eligibility for continuing healthcare: test case

In this important High Court test case involving two Welsh Local Health Boards, the Court has ruled that the Solicitors, Hugh James, cannot bring a novel action based on negligence and restitution where there is a dispute as to eligibility for continuing healthcare. This test case decision, in which Morgan Cole acted for Neath Port Talbot Local Health Board, means that a large number of claims brought against LHB’s and PCT’s by Hugh James will be stayed as an abuse of process. The decision will reduce the risk of potential challenges to decisions made by LHB’s and their appeals panel on eligibility for continuing healthcare.