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Kingsley Napley said in an announcement on its website, published on 2 November 2026, that a permission hearing is set for 4 November in a judicial review it brought over whether the Medical Training (Prioritisation) Act 2026 breaches the human rights of medical students at Queen Mary University Malta (QMUL Malta) under the European Convention on Human Rights.
Key points
- Kingsley Napley said the hearing, listed as The King (on the application of PE and ors) v SSHSC, case reference AC-2026-LON-002607, will sit at the Administrative Court of the Royal Courts of Justice to determine whether the case can go forward.
- According to the firm, it lodged the claim on behalf of two representative claimants acting for 284 medical students at QMUL Malta, and addressed the claim to the Secretary of State for Health and Social Care.
- The firm said the Act became law earlier in 2026 through an expedited legislative process that it said involved no proper consultation, and requires that Foundation Programme places go first to UK-trained doctors and a list of other priority groups, which covers students in Ireland, Iceland, Liechtenstein, Norway and Switzerland but excludes QMUL Malta.
- Kingsley Napley said QMUL Malta students follow an identical syllabus to their UK counterparts and graduate with the same GMC-accredited qualification, and that 97% of QMUL Malta graduates have historically gone on to the Foundation Programme.
- The firm said it is contending that Section 1 of the Act, taken with Section 4, breaches Article 14 of the ECHR in conjunction with Article 2 of Protocol 1 and with Article 8, and that it separately breaches Article 8 on its own.
Reaction from a claimant’s parent
Madhu Iyer, a parent of a QMUL Malta student, said in the announcement: “It is absolutely wrong that the Government made this change without taking existing QMUL Malta students into account and is prepared to cut-off British talent in this way.”
Reaction from the firm
Kingsley Napley partner Natalie Cohen said she hoped “this week’s permission hearing gives a green light for this case to proceed to a substantive hearing”, adding that such an outcome would show the court regards it as arguable that the Act conflicts with the students’ human rights.
Case details
Kingsley Napley said the claim names Queen Mary University London and the UK Foundation Programme Office as interested parties. The firm said its team on the matter includes Ms Cohen and senior associate Sahil Kher, and that it has instructed Leon Glenister KC of Landmark Chambers.