They fought the law...

Unison v Monitor – The roles of regulators and the courts in legal interpretation

The judgment of the Administrative Court in R (Unison) v Monitor addresses the question of how much income NHS Foundation Trusts are able to generate from non-NHS activities, where that income is ultimately derived from charges paid by private patients.

The court decided that the approach adopted by Monitor in response to this question is unlawful, and that the law is more restrictive than Monitor has understood it to be.

Although of specific importance to the healthcare sector, the judgment also draws attention to the need for all public authorities to adopt a correct interpretation of the law, and the strict limits on the extent of the discretion that remains open to them.

Wragge & Co's experts provide further guidance in light of this decision.