“The legal question in this case is the proper interpretation of the phrase “income derived from private charges” in section 44 of the National Health Service Act 2006 (”the 2006 Act”). The context in which these proceedings are brought, however, is a fiercely contested dispute about the future direction of the National Health Service (”the NHS”). In broad outline the issue is the extent to which NHS foundation trusts are able to provide goods and services for purposes other than those of the NHS. Since the issue is highly charged, it is important at the outset to underline that the court must resolve it in a spirit of legalism, where existing rules and principles are applied to this new problem of statutory interpretation and a best fit found.” at 1.
Find decision here.