Areas of Law 

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Health Law

Significant cases in this area of law include:

Challenges to hospital closures, reconfigurations and PFI arrangements

R (Royal Brompton and Harefield NHS Foundation Trust) v Joint Committee of Primary Care Trusts [2012] EWCA Civ 472: judicial review of a hospital reconfiguration decision

R (Save Our Surgery) v Joint Committee of Primary Care Trusts (2013): judicial review of a hospital reconfiguration decision

R (Semoff) v Liverpool PCT (2011): challenge to the use of PFI funding in the building of a new hospital

Access to specific treatment and rationing/resources decisions

R (Rogers) v Swindon PCT [2006] EWCA Civ 392: judicial review of a Trust’s decision to refuse to fund Herceptin treatment for a cancer patient

R (Watts) v Secretary of State for Health [2004] EWCA Civ 166: NHS obligations to fund treatment abroad

Judicial review of public health and health compensation decisions

R (Milner) v South Central Strategic Health Authority [2011] EWHC 218 (Admin): consultation on the fluoridation of the public water supply

R (March) v Secretary of State for Health [2010] EWHC 765 (Admin): level of ex gratia payments for NHS patients treated with contaminated blood

Public inquiries into health services and providers

The Mid-Staffordshire NHS Foundation Trust Public Inquiry

The Royal Liverpool Children’s (Alder Hey) Inquiry

The Bristol Royal Infirmary Inquiry

Liability for healthcare in common law and under the Human Rights Act

Morgan v Ministry of Justice [2010] EWHC 2248 (QB): liability for prison healthcare as between the Crown and the NHS.

Mental health and human rights

Savage v South Essex NHS Foundation Trust [2008] UKHL 74: application of Art 2 ECHR to patients detained under the Mental Health Act 1983

R (B) v S (Responsible Medical Officer, Broadmoor Hospital) [2006] EWCA Civ 28: capacity, consent and the treatment of patients detained under the Mental Health Act 1983

Medical confidentiality and disclosure

General Dental Council v Savery and others [2011] EWHC 3011 (Admin): medical confidentiality and the public interest under the common law and Art 8 ECHR

A Healthcare Worker v Associated Newspapers [2002] EWCA Civ 195: preservation of the anonymity of a healthcare worker with HIV positive status balanced against the freedom of expression

Pharmaceutical and product liability, including group litigation

The Poly Implant Prothèse (PIP) Breast Implant Litigation

The Benzodiazepine Litigation

The Oral Contraception Pill Litigation

NHS Trust and other employment cases concerning medical issues

R(Surrogacy UK) v. Secretary of State for the Department of Work and Pensions (2012): paternity/maternity leave for parents of surrogate children with reference to Art 8 and Art 14 ECHR

Mezey v SW London Mental Health NHS Trust [2010] EWCA Civ 293: threshold for Trust disciplinary hearings

“Do not resuscitate” instructions

R (Tracey) v. Addenbrokes (2014): whether the current practice of insertion of DNACPR (do not resuscitate) orders is 'in accordance with law' under Art 8 ECHR





Members practising
in this area: