Booker, R (on the application of) v NHS Oldham & Anor

Booker, R (on the application of) v NHS Oldham & Anor

The PCT's decision to withdraw NHS continuing healthcare prior to 15 December 2011 was unlawful and irrational, as it was based on the Claimant's presumed ability to fund care privately, contrary to statutory duties, NHS policy, and the assessed clinical need. The 'tortfeasor pays' principle does not justify refusal of NHS care to an eligible patient prior to the agreed commencement of private funding.

Parties
Claimant: Alyson Booker; Defendant: NHS Oldham; Interested Party: Direct Line Insurance Plc
Jurisdiction
England and Wales
Judgment Date
28 October 2010
Procedural Posture
Judicial Review / Final Judgment, Relief Formulation Stood Over
Outcome
Claimant's application for judicial review allowed; decision to withdraw care quashed; formulation of relief stood over until hand down hearing.
Legal Topics
NHS Continuing Healthcare, Judicial Review, Statutory Duties, Settlement Agreements, Reasonable Requirement for Care
Administrative Law Health Law Personal Injury NHS Continuing Healthcare Judicial Review Statutory Duties Settlement Agreements Reasonable Requirement for Care

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Parties

Alyson Booker

Claimant

NHS Oldham

Defendant

Direct Line Insurance Plc

Interested Party

Procedural Posture

Judicial Review / Final Judgment, Relief Formulation Stood Over

Legal Issues

  1. 1 Whether the PCT's decision to withdraw NHS continuing healthcare prior to the commencement of privately funded care was lawful
  2. 2 Whether the Claimant had a reasonable requirement for NHS care prior to 15 December 2011
  3. 3 Whether the PCT could lawfully rely on the 'tortfeasor pays' principle to refuse care

Ratio Decidendi

The PCT's decision to withdraw NHS continuing healthcare prior to 15 December 2011 was unlawful and irrational, as it was based on the Claimant's presumed ability to fund care privately, contrary to statutory duties, NHS policy, and the assessed clinical need. The 'tortfeasor pays' principle does not justify refusal of NHS care to an eligible patient prior to the agreed commencement of private funding.

Court Disposition

Claimant's application for judicial review allowed; decision to withdraw care quashed; formulation of relief stood over until hand down hearing.