Roy v Kensington Family Practitioner Committee [1992]

Broadened
principle that procedural exclusivity does not apply where private rights
involved.
Applicant
was doctor.
Paid
certain amount under NHS regulations for treating patients.
But
regulations provided only paid full rate if doctor devoted substantial part of
time to treating NHS patients.
Committee
therefore reduced his rate by 20%.
Applicant
argued breach of contract.
Committee
argued action should have been brought under Ord 53 (would have failed, since
outside time limit).
House
of Lords found for applicant.
Lord
Bridge:
If
case turned exclusively on purely public law right, only remedy through Ord 53.
But
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.