Watts, R (On the Application Of v Bedford Primary Care Trust [2003] EWHC 2401 (Admin) (21 October 2003)

Watts, R (On the Application Of v Bedford Primary Care Trust [2003] EWHC 2401 (Admin) (21 October 2003)

The NHS's refusal to reimburse the claimant for treatment abroad and its prior authorisation system failed to comply with Article 49 EC, as they did not properly address the relevant legal questions and imposed unjustified restrictions on the freedom to provide services. The published procedures for reimbursement were not sufficiently accessible as required by EU law. However, the claimant was not entitled to full costs or financial relief as her claim for reimbursement was ultimately dismissed.

Citation
[2003] EWHC 2401 (Admin)
Parties
Claimant: Yvonne Watts; First Defendant: Bedford Primary Care Trust; Second Defendant: Secretary of State for Health
Jurisdiction
England and Wales
Judgment Date
21 October 2003
Procedural Posture
Judicial Review / Post Judgment Relief and Costs Determination
Outcome
Declaratory relief granted on EU law issues; application otherwise dismissed; Secretary of State to pay 35% of claimant's costs; permission to appeal granted to claimant and Secretary of State.
Legal Topics
Judicial Review, NHS Treatment Abroad, Article 49 EC, Article 22 Regulation 1408/71, Freedom to Provide Services, Prior Authorisation, Reimbursement of Medical Costs
Administrative Law European Union Law Health Law Judicial Review NHS Treatment Abroad Article 49 EC Article 22 Regulation 1408/71 Freedom to Provide Services +2 more

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Parties

Yvonne Watts

Claimant

Bedford Primary Care Trust

First Defendant

Secretary of State for Health

Second Defendant

Procedural Posture

Judicial Review / Post Judgment Relief and Costs Determination

Legal Issues

  1. 1 Whether NHS refusal to reimburse costs of treatment abroad breached Article 49 EC
  2. 2 Whether NHS prior authorisation system for treatment abroad is compatible with EU law
  3. 3 Whether published procedures for reimbursement meet EU law requirements

Ratio Decidendi

The NHS's refusal to reimburse the claimant for treatment abroad and its prior authorisation system failed to comply with Article 49 EC, as they did not properly address the relevant legal questions and imposed unjustified restrictions on the freedom to provide services. The published procedures for reimbursement were not sufficiently accessible as required by EU law. However, the claimant was not entitled to full costs or financial relief as her claim for reimbursement was ultimately dismissed.

Court Disposition

Declaratory relief granted on EU law issues; application otherwise dismissed; Secretary of State to pay 35% of claimant's costs; permission to appeal granted to claimant and Secretary of State.

Orders

  • Permission to apply for judicial review on European Community law issues only.
  • Declarations granted as to unlawfulness of NHS decisions and procedures under Article 49 EC.