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Hospital campaigner Val Compton survives High Court Appeal

3:47pm Tuesday 1st July 2008

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By Nigel Kerton »

THREE appeal judges have decided to overturn an appeal by Wiltshire PCT that would have effectively ended hospital campaigner Val Compton's legal battle to save services at Marlborough's hospital.

The primary care trust appealed against an earlier High Court decision that Mrs Compton's costs should be capped at £20,000.

This case is seen in legal circles as a test case with every other PCT in the country taking close interest in the outcome because it could affect any closure decisions they make.

Yesterday's announcement of the judges' decision came a month after Mrs Compton travelled up to the royal Courts of Justice with a coach load of supporters from Marlborough.

She is seeking judicial reviews of the way the PCT decided to close both the day hospital and the Minor Injuries Unit at Savernake Hospital.

As soon as the result was announced, however, the PCT, said it would be seeking leave to make a further appeal to the House of Lords.

Mrs Compton said her legal battle, which has so far lasted almost eight months, had left her "exhausted but not downhearted".

She said: "As long as I know I have the support of the people not only in Wiltshire but also in Berkshire who made good use of the Minor Injuries Unit, I shall fight on.

"I am outraged that the PCT is spending such huge sums of money, money taken from the taxpayers' pockets, to fight this case.

"I know that I am morally right to take this action and I am confident that with the support of the people from all over east Wiltshire and West Berkshire we will win."

The PCT's decision to seek an appeal to the House of Lords means that the judicial review hearing due to be heard on July 16-18 in the High Court has had to be adjourned.

The trust's application for an appeal to the House of Lords could take months to be decided.


Your Say YourGazette

Grant, Marlborough says...
6:30pm Tue 1 Jul 08

Well done Val.
Keep up the pressure!

who dat?, says...
9:40pm Tue 1 Jul 08

SACK THE PCT!!!

val compton, Marlborough says...
10:22am Wed 2 Jul 08

The community of East Wiltshire and West Berkshire - and not least me - owes this success to the fantastic amount of work done by local barrister Guy Opperman, Mathew Gullick who has worked on the case soon after it commenced and more recently Neil Garnham QC. Without the huge amount of enthusiasm and 1000s of hours of work they have put in, this case would have gone nowhere.

All their time and expertise has been given for free and the passion with which they have tackled the job is beyond what money could buy anyway.

The Public Law Project intervened on our behalf in the Court of Appeal, this is another organization which acts for free and to whom I am also very grateful.

I know nothing about the legal system or law, but every lawyer I have come into contact with has taken the time to explain and also show such kindness.

It's all quite overwhelming, along with the support from the community which seems to increase week by week. Thank you to everyone who is involved at every level.

Bobsyouruncle, Swindon says...
12:04pm Wed 2 Jul 08

Keep up the good work Val!

Barbara Harris, South Glos says...
11:28pm Thu 3 Jul 08

Well done, Val, Mr Opperman and Mr Gullick and all of the supporters who are fighting to save Savernake Hospital.
Last year, here in S Glos, we took our PCT to the Court of Appeal and it is a very taxing ordeal but one which we had to fight for the sake of preserving the democratic right of the public to be involved in the decision-making process on healthcare issues.
Now the same thing is happening again with the polyclinics/medical centres which are being directed from the centre by the DoH and implemented without public involvement.
We challenged over the ISTCs and there should be a similar challenge over medical centres, as the public are being ridden over roughshod and our only recourse is to law, sadly.
Keep on going, all of you. It is high time this high-handed approach by the Government was outlawed and Section 242 adhered to.
B Harris
Spokesperson, Save Frenchay Hospital Group

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