R (on the application of Watts) v Bedford Primary Care Trust

[2004] Lloyd's Rep Med 113

ADMINISTRATIVE COURT

and Mr Justice MUNBY

Judicial review — Payment by NHS for treatment in another European Union state — Form E112 procedure — Whether enforceable right to reimbursement for treatment overseas — European Community Treaty, Article 49 — Whether European Community Treaty, Article 49 applicable to authorisation of treatment in another European Union state — Test of “undue delay” in providing treatment — Whether “undue delay” assessed by reference to NHS waiting lists — European Council Regulation No 1408/71, Article 22 — European Convention on Human Rights Articles 3 and 8 — [2003] EWHC 2228 (Admin)