The Court of Appeal has granted a campaign group permission to appeal a judicial review ruling it lost against NHS England in May.

The campaign group, 999 Call for the NHS, launched a judicial review against NHS England for plans to introduce “whole population annual payments” through its accountable care organisation contract, last year.

Following a hearing in April 2018 however, a judge dismissed the group’s claim that whole population payments are unlawful under the current Health and Social Care Act.

On 16 August, Lady Justice Arden, granted the campaign group the right to appeal the decision. According to the order, the appeal should be heard if possible by Christmas.

She granted the appeal on the grounds that the previous judicial review ruling was based on “clearly an arguable question of law.” 

The campaign group are represented by prominent QC David Lock and law firm Leigh Day.

This judicial review was one of two launched against NHS England. The second one also ruled in the national commissioner’s favour.