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20 SEP 2011

Condliff, R (on the application of) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910

Healthcare – Funding Policy – Medical Procedure

27 July 2011
Court of Appeal
Kay LJ, Hallett LJ, Toulson LJ
Primary care trust decision excluding social and non-clinical factors was not a breach of Article 8 ECHR rights.
Summary of Judgment
(1) The Appellant, Mr Condliff, challenged the adoption, by the Defendant, of an Individual Funding Request (IFR) policy by which all requests were to be considered and determined exclusively by reference to clinical factors. His IFR for laparoscopic gastric by-pass surgery to be funded by the NHS had been refused.

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