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Divisional Court finds prioritisation system for organ transplantation lawful

Related Member(s):
Helen Mountfield QC, Sarah Hannett

The Divisional Court rejected an application for judicial review by BA of the NHS Blood and Transplant (England) Directions 2005 which govern the allocation of organs for the purposes of transplantation. The Directions provide that persons who are ordinarily resident in the United Kingdom should be prioritised for organs over those who are not ordinarily resident, regardless of clinical need. BA, who is not ordinarily resident in the United Kingdom, alleged the Directions were ultra vires the National Health Act 2006. The Divisional Court dismissed the claim. Helen Mountfield QC and Sarah Hannett acted for BA, instructed by Louise Whitfield of Deighton Pierce Glynn.

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