3:47pm Tuesday 1st July 2008
By Nigel Kerton
THREE appeal judges have decided to overturn an appeal by Wiltshire PCT that would have effectively ended hospital campaigner Val Compton's legal battle to save services at Marlborough's hospital.
The primary care trust appealed against an earlier High Court decision that Mrs Compton's costs should be capped at £20,000.
This case is seen in legal circles as a test case with every other PCT in the country taking close interest in the outcome because it could affect any closure decisions they make.
Yesterday's announcement of the judges' decision came a month after Mrs Compton travelled up to the royal Courts of Justice with a coach load of supporters from Marlborough.
She is seeking judicial reviews of the way the PCT decided to close both the day hospital and the Minor Injuries Unit at Savernake Hospital.
As soon as the result was announced, however, the PCT, said it would be seeking leave to make a further appeal to the House of Lords.
Mrs Compton said her legal battle, which has so far lasted almost eight months, had left her "exhausted but not downhearted".
She said: "As long as I know I have the support of the people not only in Wiltshire but also in Berkshire who made good use of the Minor Injuries Unit, I shall fight on.
"I am outraged that the PCT is spending such huge sums of money, money taken from the taxpayers' pockets, to fight this case.
"I know that I am morally right to take this action and I am confident that with the support of the people from all over east Wiltshire and West Berkshire we will win."
The PCT's decision to seek an appeal to the House of Lords means that the judicial review hearing due to be heard on July 16-18 in the High Court has had to be adjourned.
The trust's application for an appeal to the House of Lords could take months to be decided.
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