Judicial Review Exclusivity Principle


In Richards v Worcestershire County Council and South Worcestershire CCG (2017) EWCA Civ 1998 a local authority and a NHS commissioning group appealed unsuccessfully against a refusal to strike out as an abuse of process a restitutionary claim for payment of after-care service.  The claim under Section 117 of the Mental Health Act 1983 did not have to be pursued by way of judicial review. It was a private law claim.  It did not contravene the O’Reilly v Mackman exclusivity principle.