principle that procedural exclusivity does not apply where private rights
certain amount under NHS regulations for treating patients.
regulations provided only paid full rate if doctor devoted substantial part of
time to treating NHS patients.
therefore reduced his rate by 20%.
argued breach of contract.
argued action should have been brought under Ord 53 (would have failed, since
outside time limit).
of Lords found for applicant.
case turned exclusively on purely public law right, only remedy through Ord 53.
if case involved private law right, whether by way of defence or by way of
claim, can proceed outside Ord 53, even if private law right involves
incidental examination of public law issue.