Challenges to Healthcare Policy

Challenges of all types to national and regional making in respect of healthcare policy. Members of the team act on behalf of patients and patients’ rights groups, as well as all relevant government departments, and NHS bodies.

Past cases include:

• Dolan & Ors v Secretary of State for Health And Social Care & Anor [2020] EWHC 1786 (Admin). Challenge to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the decision to close schools and educational establishments.
• R (Black) v Secretary of State for Justice [2017] UKSC 81. Supreme Court case concerning whether Crown Immunity applies to the smoking ban introduced by the Health Act 2006, brought by a serving prisoner.
• R (AvMA) v Department for Health. Challenge to the duty of candour regulations which create a “two tier” system for different health organisations.
• R (Whitston (Asbestos Victims Support Groups Forum UK) v Secretary of State for Justice [2014] EWHC 3044 (Admin). Challenge on behalf of the Asbestos Victims’ Support Groups Forum UK to the Government’s proposals to include mesothelioma victims within the funding reforms in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)
• Watts (Freedom to provide services) [2006] EUECJ C-372/04 [2006] QB 667. CJEU decision on right to obtain treatment within the EU.