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Court of Appeal holds organ donation policy prioritising patients ordinarily resident in the UK is lawful

Related Member(s):
Sarah Hannett, Helen Mountfield QC
Related Practice Area(s):
Healthcare, Mental Health and Mental Capacity, Public Law

The Court of Appeal has today handed down judgment holding that the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) (England) Directions 2005, which permit the prioritisation of organs for transplant on the basis of a patient’s ordinary residence in the UK rather than clinical need, are not ultra vires the National Health Service Act 2006.

Helen Mountfield QC and Sarah Hannett acted for the appellant patient instructed by Louise Whitfield at Deighton Pierce Glynn.

Please see the full judgment here.