The campaign group, Keep the Horton General, has succeeded in obtaining permission to appeal to the Court of Appeal from Mostyn’s judgment dismissing the application for judicial review at the end of last year. In a permission decision Lord Justice Newey granted permission to be appeal on all grounds as well as a costs capping order.
Background: The underlying challenge related to a split consultation (Phase I and Phase II) where certain decisions were taken after Phase I, including making permanent bed closures. The local authorities served by the Horton Hospital (Cherwell District Council and others) brought judicial review proceedings against the CCG in 2017 and the KTHG was an interested party who took an active role in the proceedings. Phase II was expected to start sometime in the new year although the precise date had not been decided.
The challenge failed before Mostyn J but KTHG sought permission to appeal on four grounds: the first three relate to the bed closures (interdependency, new bed closure test and consultation failure) and the fourth is a procedural fairness point relating to the admission of a new witness statement from the CCG shortly before the end of the hearing.
Permission was granted on all grounds and costs protection was awarded in the sums of £15,000 with a reciprocal cap of £25,000 in respect of the appellant’s costs.