Regulator denied right to appeal court’s ruling in MSG case
THE Guernsey Competition and Regulatory Authority has been denied a right to appeal a judgment in a case against the Medical Specialist Group.
The regulator had sought leave to appeal the Royal Court’s judgment, which found that the GCRA had reached a decision to fine and sanction the MSG that was unreasonable and/or based on material errors as to the facts.
The court action followed a decision by the GCRA in 2020 – and a fine in 2021 – stating that the MSG had engaged in anti-competitive practices in restricting work opportunities for doctors who leave the group.
The MSG appealed successfully to the Royal Court against both the decision and the £1.5m. fine.
Following an application for leave to appeal filed by the GCRA on 5 April, the Bailiff rejected each of the grounds of appeal raised by the GCRA.
He also rejected the argument that it was in the public interest for the issue to be examined by the Court of Appeal.
The latest rejection came from the Court of Appeal, which was heard by Lord Anderson of Ipswich.
He rejected each of the three grounds of appeal from the GCRA and refused the application.
‘None of the grounds taken individually is a good reason for any of the issues raised in those grounds to be dealt with on a further appeal,’ he said.
‘When taken as a whole, I am also not persuaded that this is a basis on which the first instance appellate court should grant leave.’
The GCRA had filed its application out of time, but the Court of Appeal’s decision on the grounds of appeal meant that it was unnecessary for the GCRA’s application for an extension of time to be considered.
MSG’s chief executive Jon Buckland said he hoped the latest decision laid the matter to rest.
‘Our motivation throughout this long and painful process has been to protect the emergency and elective healthcare that we provide to the people of Guernsey under our contract with the States,’ he said.
‘We sincerely hope that we will now be able to focus on our primary purpose of providing outstanding patient-centred services and improving the health of the community that we serve.’
The GCRA has been approached for comment.
