Overview

In R (March) v Secretary of State for Health, Mr Justice Holman in the High Court quashed on the grounds of material error of fact a decision by the Secretary of State concerning the level of ex gratia payments made to NHS patients treated with contaminated blood.

The case is significant because it further demonstrates that material error of fact is now a distinct ground of challenge in judicial review proceedings. It also shows how this will be applied by the courts in appropriate circumstances to quash public authorities' decisions.

This briefing from Herbert Smith reviews the key points before assessing the High Court's review of the Secretary of State's decision and what it means in practice.

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