Secretary of State must consider PSED when making regulations


Re: R (Cushnie) v Secretary of State for Health [2014] EWHC 3626 (Admin)

The claimant challenged the National Health Service (Charges to Overseas Visitors) Regulations 2011, SI 2011/1556, reg 11(c). Held: allowing the application, there was a breach by the Secretary of State of the public sector equality duty in the process leading up to the making of the regulation. However, the Court reserved its judgment with regard to what relief to grant pending consideration of counsel’s submissions.

Karon Monaghan QC was involved in this case.