11.64Jones v Powys Local Health Board and Neath Port Talbot Local Health Board [2008] EWHC 2562 (Admin), (2009) 12 CCLR 68
It was an abuse of process to defend an action for the recovery of care home charges on the basis that the resident was entitled to NHS Continuing Healthcare when that issue had been adversely determined administratively and not challenged by way of judicial review
Facts: the claimant sued on his own behalf, and as administrator of the estate of his deceased wife, claiming restitution of care home fee payments, on the ground that his wife had been entitled to NHS continuing healthcare. However, the All Wales Special Review Board determined that Mrs Jones had not been entitled to NHS continuing healthcare and neither she nor Mr Jones had sought a judicial review of that decision.
Judgment: Plender J struck out the claim as being an abuse of process: the claim was in substance a public law claim (alleging that the Review Board had erred in public law), bringing a private law action deprived the public authorities concerned of the protections afforded by CPR 54 and was an abuse of process