Since joining Southernhay Chambers in 2004, Peter has expanded his civil practice by developing a unique place in the field of law involved in challenging decisions made by the National Institute of Clinical Excellence (NICE). He was the first to successfully challenge NHS Primary Care Trusts (“PCT’s”) adoption of the NICE negative guidance on cancer drugs Avastin (Bevacizumab) (Elaine Telford/Cumbria PCT, August 2006) and Erbitux (Cetuximab) (Kevin Feltham/NE Derbyshire PCT, October 2006).
He has drafted and approved over 35 individual Pro Bono patient appeals against decisions of PCT’s which were based upon the guidance of NICE. In one area alone 14 appeals have been successful following his intervention and guidance to local Consultants
Peter has represented the charities Bowel Cancer UK (“BCUK”) and CancerBackup at appeal hearings at NICE headquarters against negative guidance for Erbitux, and has produced and published patient guidance through BCUK and the charity Beating Bowel Cancer (“BBC”). (This can be downloaded through BCUK and BBC websites at www.bowelcanceruk.org.uk and www.beatingbowelcancer.org )
In 2007 he provided evidence to the Parliamentary Select Committee on Health, review of NICE [Ev 275 HC 503-11] which was reported in January 2008 [HC 27-1]
Peter commenced the Victoria Otley Judicial Review case with Avastin. See [2007] All ER (D) 293 (Jul) R (on the application of Otley) v Barking & Dagenham NHS PCTwhich distinguished R (on the application of Rogers) v Swindon NHS PCT and another [2006] EWCA Civ 392
Peter’s other areas of civil expertise include:
Judicial Review
Peter began his involvement in judicial review in 1984 when he acted for 13 Poll Tax protestors in the successful class action Johns v Plymouth City Council which led to the Government changing the law on the status of evidence in committal proceedings. Since then he has acted in matters as diverse as housing cases for mentally impaired claimants, for property owners in land registry disputes, and for the entertainment industry “roadies” in establishing that electricity generators for Pop concerts do not attract road tax.
As a result of his Pro Bono work, Hart Publishing recently kindly invited him to attend gratis at the first Hart Judicial Review Conference in London.
He is currently writing a laymans’ guide to judicial review.
Personal injury - specialist in cases of deafness and asbestosis
Contract – especially in vehicle cases and consumer credit
Landlord and Tenant – housing and commercial valuations
Prison Law (prisoners’ rights) – judicial review
Employment – general and contentious matters
Immigration – human rights |