England and Wales Case Law

BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor

The grant of new residence status under Article 18.1 WA confers Title II Part 2 WA rights prospectively, not retrospectively; Late Beneficiaries' pre-application residence is not rendered lawful under the WA. The indirect discrimination in NHS charging is justified by the legitimate aim of promoting and ensuring the integrity of the UK's constitutive scheme under Article 18.1 WA.

Source excerpt

• Withdrawal agreement
• Nhs charging regulations
• Equal treatment
• Indirect discrimination
• Constitutive vs declaratory schemes
• Retrospective effect

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BHO, R (On the Application Of) v Secretary of State for Heath and Social Care & Anor

BHO, R (On the Application Of) v Secretary of State for Heath and Social Care & Anor [2026] EWHC 517 (Admin) (10 March 2026)

The High Court held that Article 18.1 Withdrawal Agreement residence status is prospective only, upheld NHS charging during the interim period, and refused a CJEU reference.

• Withdrawal agreement
• Nhs charging regulations
• Eu settlement scheme
• Social security coordination
• Discrimination
• Retrospective effect of rights

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MP, R (On the Application Of) v Secretary of State for Health And Social Care

MP, R (On the Application Of) v Secretary of State for Health And Social Care [2020] EWCA Civ 1634 (03 December 2020)

Court of Appeal held there was no duty to consult on NHS overseas visitor advance-payment and record-keeping rules, and no legitimate expectation of consultation.

• Consultation requirements
• Legitimate expectation
• Nhs charging regulations
• Procedural fairness
• Judicial-review
• Consultation-requirements

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MP, R (On the Application Of) v Secretary of State for Health and Social Care

MP, R (On the Application Of) v Secretary of State for Health and Social Care [2018] EWHC 3392 (Admin) (10 December 2018)

Judicial review of the 2017 NHS charging regulations failed. The court held there was no duty or legitimate expectation to consult on advance payment and record-keeping changes, and equality duties were met.

• Judicial review
• Public consultation
• Legitimate expectation
• Equality act 2010
• Nhs charging regulations
• Public sector equality duty

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MP, R (On the Application Of) v Secretary of State for Health and Social Care

Judicial review of NHS overseas visitor charging regulations failed. The court held there was no duty or legitimate expectation to consult on advance payment and record-keeping changes.

• Judicial review
• Public sector equality duty
• Legitimate expectation
• Consultation requirements
• Nhs charging regulations
• Equality act 2010

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