Facts: after having received NHS care for some years, B became a local authority responsibility. The judge at first instance found that Cornwall’s assessment of his liability to pay changes was fundamentally unlawful, owing to failures to consult adequately, to consider the care plans or assess B’s resources properly. Cornwall appealed the judge’s decision to quash its decision to charge, on the basis that it would be precluded from making a retrospective charge, so the judge should have allowed it to undertake a retrospective review.

Judgment: the Court of Appeal (Waller, Hooper, Moore-Bick LJJ) held that it was not clear that Cornwall could not make a retrospective decision and, in any event, Cornwall’s decision, being unlawful, was liable to be quashed. It would only be in exceptional cases that relief would not be granted where a decision was unlawful.