R (BA) v Secretary of State for Health and Social Care [2018] EWCA Civ 2696
Related Member(s): Sarah Hannett, Helen Mountfield QC
Related Practice Area(s): Healthcare, Mental Health and Mental Capacity, Public Law
Court: Court of Appeal (Civil Division)
Held, the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) (England) Directions 2005, which permit the prioritisation of organs for transplant on the basis of a patient’s ordinary residence in the UK rather than clinical need, are not ultra vires the National Health Service Act 2006.
Helen Mountfield QC and Sarah Hannett acted for the appellant patient instructed by Louise Whitfield at Deighton Pierce Glynn.