Court of Appeal agrees to hear dispute over hospital bed closures

The Court of Appeal has given campaign group Keep the Horton General permission to appeal against the dismissal of their judicial review challenge over bed closures.

Judges also made a costs capping order in the case which relates to changes at Horton Hospital, Banbury.

Landmark Chambers's Samantha Broadfoot QC and Leon Glenister are acting for the campaigners, instructed by law firm Leigh Day, said the case succeeded in overturning

Mr Justice Mostyn dismissed the group's application for judicial review at the end of last year. 

Newey LJ granted permission to be appeal on all grounds and made the costs capping order of £15,000 with a reciprocal cap of £25,000 in respect of the appellant’s costs.

The appeal was on three grounds related to the bed closures and the fourth on the admission of a new witness statement from Oxfordshire Clinical Commissioning Group (CCG) shortly before the end of the hearing.

Cherwell District Council brought judicial review proceedings against Oxfordshire in 2017 and the campaign group was an interested party. 

Its challenge drew support from South Northamptonshire Council, Stratford-on-Avon District Council and Banbury Town Council.

The campaign group said it had argued the CCG’s consultation was unlawful including because it was split into two phases where it said many issues dealt with in the second phase were interlinked with those in the first phase.