Facts: as a result of performance-related concerns, Caerphilly terminated its framework contract with Broadway for the provision of care home places. Broadway applied for a judicial review, on the ground that Caerphilly’s decision amounted to a decision to close its care home, and so it was unlawful in public law because of a lack of prior consultation with residents and because Caerphilly failed to have regard to the welfare of residents and, also because it was in breach of the residents’ rights under Article 8 ECHR and Broadway’s rights under Article 1 of the 1st Protocol ECHR.

Judgment: Deputy High Court Judge Seys Llewellyn dismissed the application, holding that Caerphilly was not amenable to judicial review because it had exercised a contractual power, that Broadway did not have standing to complain about potential breaches of residents’ ECHR rights, that Article 1 of the 1st Protocol ECHR was not engaged because Caerphilly had not resolved to close Broadway’s care home and that, in any event, Broadway’s claims were not well-founded factually.