A legal challenge that had the potential to further delay the signing of PACS contracts in the North East and Eastern clusters has been turned down by the High Court.


Fuji Photo Film (UK) Limited had applied for a judicial review of the procurement of PACS systems under the National Programme for IT. An NPfIT spokesperson today told EHI that the application had been refused.


The spokesperson said: "The application for a judicial review by Fuji Photo Film (UK) Limited has been refused. The National Programme is now uninhibited by a judicial review in letting PACS contracts for the North East and Eastern Clusters."


In 2004 the DH announced that every hospital in England was to have PACS within three years with 80% to have the system in place by the end of 2006.


Following a procurement exercise it was announced in May 2004 that Accenture with GE had been selected to have the “right” to supply PACS for the Eastern and North East regions of England; BT with Philips were chosen for London; Fujitsu with GE for the South; and CSC with Kodak and ComMedica for the North West and West Midlands.


But since the May 2004 announcement there have been significant changes in the line-up of PACS sub-contractors.


In August last year the NPfIT confirmed: “Subject to contract between the national programme and key suppliers, PACS in the North East and eastern clusters will be delivered through collaboration between Accenture, BT and Agfa. The precise commercial arrangements are being finalized, therefore, no further comment can be made at this stage.”


Eight months later no contract has yet been signed for either the North East or Eastern regions, and EHI understands that BT is no longer part of the collaboration expected to deliver PACS to these regions.