Cavanagh

R (Cavanagh) v Health Service Commissioner [2005] EWCA Civ 1578

BAILII judgment

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Parties and outcome

Claimant
Dr Nicholas Cavanagh, Dr Hashmukhray Bhatt and Frank Redmond (appellants in three joined appeals)
Defendant
Health Service Commissioner for England
Outcome
The claimants won: all three appeals were allowed. The court held that the report exceeded the Commissioner’s powers and was vitiated in its entirety.

Citations in this work

Dyer

R v Parliamentary Commissioner for Administration, ex p Dyer [1994] 1 WLR 621

Paragraph 18

18. We consider that our characterisation of the statutory powers and discretions is in line with what was said by this court in R v Parliamentary Comr for Administration, Ex p Dyer [1994] 1 WLR 621 , 626 e — g . For the commissioner, Nathalie Lieven seeks to add to it what Sedley J said in R v Parliamentary Comr for Administration, Ex p Balchin [1998] 1 PLR 1 , 15-that the Parliamentary Commissioner: “As an investigator… is not limited to the strict terms of the issue posed by the complaint.” This was said in relation to a factor (the intransigent attitude of a county council to the payment of compensation) which was directly raised by the complaint against central government over which alone the Parliamentary Commissioner had jurisdiction, and the factuality of which had been established by him. The point being made was that it was not necessary for him to have jurisdiction to inquire into the county council's behaviour in order to take it into account. In so far as the dictum may be thought to go any wider, it should be regarded as going no further than what is said in the previous paragraph of this judgment. It has also to be read in the light of what Auld J said in R v Northern and Yorkshire Regional Health Authority, Ex p Trivedi [1995] 1 WLR 961 , 971, albeit about a more confrontational disciplinary process: “The fact that the process is investigative and inquisitorial, rather than a form of litigation between the parties… does not mean that the medical service committee or the authority is entitled to investigate and make findings on matters not the subject of complaint.” The report

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