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Trent Strategic Health Authority v Jain – House of Lords Decision

In Trent Strategic Health Authority v Jain [2009] UKHL 4 the House of Lords dismissed the Jains’ appeal. The House of Lords held that the previous healthcare regulator – Trent Health Authority – did not owe regulated persons a duty of care when exercising its powers to cancel their registration.

Michael Curtis QC instructed by Bevan Brittan acted for the current healthcare regulator – the Healthcare Commission – in the Court of Appeal. The Healthcare Commission sought permission to intervene to support Trent’s appeal against the decision at first instance that it owed a duty of care. Although in the event the Court of Appeal refused permission to intervene, the Healthcare Commission’s arguments against the imposition of a duty of care featured heavily in the judgments of the Court of Appeal and in the speech of Lord Scott in the House of Lords.

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