R (MP) v Secretary of State for Health and Social Care

Subject Matter

JUDICIAL REVIEW — Consultation — Validity

[2018] EWHC 3392 (Admin); 167 BMLR 102, QBD

NATIONAL HEALTH SERVICE — Overseas visitors — Charges — Secretary of State amending regulations concerning payment of charges by overseas visitors for NHS treatment — Amendments including provisions relating to timing of payment and recording of information — Timing and recording provisions not included in consultation process — Whether fairness requiring consultation of timing and recording requirements — Whether previous practice of Secretary of State giving rise to legitimate expectation of consultation — Whether requirements to be quashed — National Health Service (Charges to Overseas Visitors) Regulations 2015 (SI 2015/238) (as amended by National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (SI 2017/756), regs 4, 5), regs 3(1A), 3A(1)

[2020] EWCA Civ 1634; [2021] PTSR 1122; [2021] 4 All ER 326; [2020] WLR(D) 657, CA

Appellate History