EMBATTLED GP Barney Williams is celebrating a county court victory that could boost the campaign to keep his surgery open.

Dr Williams, who runs the Marshfield Road Surgery in Chippenham, has been at loggerheads with the Kennet and North Wiltshire Primary Healthcare Trust over the provision of out of hours care.

Yesterday he left Trowbridge County Court triumphant, after a case brought against him by the trust, which tried to sue the surgery for £1,600 for the recovery of copies of patient notes, was dismissed.

It was thrown out because the judge decided one NHS body was not able to bring a court action against another NHS body.

The trust was left to pick up its own costs, which Dr Williams estimated to be £2,000.

"I see this as a major victory," he said. "I am very pleased. We have won the first round in dealing with the accusations they put up against us so often. But the battle goes on."

The row blew up in the autumn when Dr Williams decided he was no longer able to offer his 3,600 patients out-of- hours care.

He was threatened with the loss of his NHS contract but it was extended to allow arbitration through the Department of Health.

The trust was left with the job of supplying out-of-hours cover for Dr Williams' patients because the local out-of-hours co-operative, set up by other GP surgeries, had consistently refused to allow Dr Williams to join.

Patients rallied in support of their GP and lobbied trust chief executive Barbara Smith, as well as the Community Health Council and the Secretary of State for Health.

"The question this morning was whether I could be in breach of contract," Dr Williams said yesterday.

"The reason the trust lost was because we are an NHS body and they are too. There cannot be a breach between two of the same thing.

"The problem has to be sorted through dispute resolution machinery, and that is what they have to follow."

Dr Williams claimed the trust would not negotiate with him because he had refused to resume providing out-of- hours cover.

"It's now clear they can not treat us as being in breach of contract," he said. "So we are stuck in a situation in which my patients are getting good out-of-hours care and we are continuing to run the practice as usual."

Patient David Rowlands, a member of the Friends of Marshfield Road Surgery, said the outcome of the court case was excellent news.

"I think the trust has taken a sledgehammer to crack a nut," he said.

"It has taken a minor issue and now it's attempting to close down the surgery, when it's our surgery of choice, and we want it to continue."

Mr Rowlands said the battle would go on but he was optimistic.

"I have every confidence that the arbitration process, when it comes about, will be resolved in Dr Williams' favour. But I still feel we must keep backing him in his fight."

Mrs Smith, who was unable to comment on the outcome of the court case because she was busy with staff briefings yesterday, will meet patients at a public meeting at St Paul's church hall in Chippenham at 7.30pm on May 28.