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Court of Appeal

This tag is associated with 4 posts

Courts challenge ombud’s approach to determining service failure

UKAJI is publishing a series of blog posts about the Court of Appeal decision in Miller v Health Service Commissioner [2018] EWCA Civ 144 (February 2018), which identified a number of failures in the investigation by the Health Service Ombudsman for England. The first post, by Richard Kirkham, considered what the judgment tells us about judicial approaches to … Continue reading

Still at the Crossroads: The ombud as ‘just an alternative’ or a ‘just alternative’ (again) in the light of Miller v Health Service Commissioner

UKAJI is publishing a series of blog posts about the Court of Appeal decision in Miller v Health Service Commissioner [2018] EWCA Civ 144 (February 2018), which identified a number of failures in the investigation by the Health Service Ombudsman for England. The first post, by Richard Kirkham, considered what the judgment tells us about judicial approaches to … Continue reading

Safeguarding procedural fairness or imposing excessive legalism?

  UKAJI is publishing a series of blog posts about the Court of Appeal decision in Miller v Health Service Commissioner [2018] EWCA Civ 144 (February 2018), which identified a number of failures in the investigation by the Health Service Ombudsman for England. This first post, by Richard Kirkham, considers what the judgment tells us about judicial approaches … Continue reading

A legal threat to ombuds’ practice

By Gavin McBurnie On the 7th and 8th November, the Court of Appeal heard an appeal by two GPs against the findings and recommendations of the Parliamentary and Health Services Ombudsman (PHSO) (Miller & Howarth v PHSO). This post examines the potential implications of the case and refers back to the recent UK Supreme Court … Continue reading