Junior doctors lose court battle with Jeremy Hunt over contracts

Junior doctors have lost a High Court fight with Health Secretary Jeremy Hunt over a staffing contract.

Junior doctors had complained that Mr Hunt wrongly imposed the contract on NHS employers.

Justice for Health, a group founded by five doctors, said Mr Hunt acted beyond the scope of his powers by compelling NHS employers to adopt the new deal.

But High Court judge Justice Green has ruled in favour of the Health Secretary, concluding that Mr Hunt's decision was sufficiently clear and not irrational.

It comes after the British Medical Association suspended all planned junior doctor strikes over concerns about patient safety.

The court battle follows opposition to Mr Hunt's plans for seven-day NHS services in England.

Junior doctors began a series of walkouts in January, the longest of which has lasted two days.

Justice for Health claimed Mr Hunt's decision to impose the new contract for junior doctors lacked a sound or rational foundation and should be quashed.

The Health Secretary said he approved a new contract but has not imposed it on employers or compelled them to adopt it.

In a statement, the Department of Health said it welcomed the ruling that Mr Hunt "acted entirely lawfully".

It said: "We must now move on from this dispute to the crucial job of making sure patients get the same high standards of urgent and emergency care every day of the week, which involves more than the junior doctors' contract.

"We urge the BMA to remove all threat of further industrial action so we can work constructively with junior doctors to address their wider concerns and better recognise their vital importance to the NHS."

Saimo Chahal QC, representing Justice for Health, said: "The key message from the judgement is this; Mr Hunt is not imposing a contract on junior doctors, he never was, he did not suggest he was, he says he never thought anyone else thought otherwise.

"The Justice for Health junior doctors are thrilled to announce that they have succeeded in establishing beyond doubt that the Secretary of State for Health is not imposing the latest July 2016 contract on junior doctors."

Mr Justice Green heard that lawyers representing Mr Hunt had run up bills of around £150,000.

He said Justice for Health should pay £55,000 of that figure.

Lawyers acting for the campaign group indicated there may be an appeal.