R v North Derbyshire Health Authority, ex parte Fisher

(1997) 8 Med LR 327

QUEEN'S BENCH DIVISION

and Mr Justice DYSON

Judicial review — National Health Service — Funding of treatment — Treatment of relapsing remitting multiple sclerosis with beta-interferon — NHS Circular EL(95)97 — Whether Circular constituted directions which respondent health authority was under duty to apply, or merely guidance which it was required to take into account in performing its statutory functions — Whether health authority acted unlawfully in adopting policy not to fund — Relief to be granted — Whether health authority would be required to formulate and implement policy which took full and proper account of national policy as stated in NHS Circular EL(95)97