In a recent case, the High Court allowed a private law claim in restitution by a local authority which alleged that a Primary Care Trust (and its successor, the Clinical Commissioning Group) had been unjustly enriched by its refusal to accept commissioning responsibility for a young man placed into its area by the local authority.
The case, Surrey County Council v NHS Lincolnshire Clinical Commissioning Group, highlighted a shift in approach by the courts where significant funds are involved.
You can read Jane Williams's full article here.