Stephen Knafler QC represented Caerphilly CBC in judicial review proceedings brought by a commercial care home provider, challenging the council's decision to terminate its framework contract for the provision of residential accommodation at one of its homes, on account of inadequate care provision.
R (Broadway Care Centre Ltd) v Caerphilly CBC [2012] EWHC 37 Admin
The judge (HHJ Seys Llewellyn QC) dismissed the care home owner's application for permission to apply for judicial review (but the court gave permission for the judgment to be cited). The court held that it was not arguable that (1) the owner was entitled to bring public law proceedings (cf. a private law contract action), (2) the owner was entitled to rely on alleged breaches of public law/ECHR duties owed by the council to care home residents, (3) the council had been in breach of any alleged public law duty owed to the residents, (4) the council had breached the owner's rights under Article 1 of the 1st Protocol ECHR.
Stephen Knafler QC also represented the council in the commercial, chancery proceedings, where the council has again been successful and he has advised the council in relation to the safe and careful transfer of the care home residents.
Click here for the transcript.
Stephen Knafler QC is a member of Garden Court's Community Care Team.
