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The Administrative Court has handed down judgment in the case of Garnham and Harrison v Secretary of State for Health, in which the claimants challenged the Secretary of State’s guidance to the effect that there was no power to make cash payments to NHS patients in lieu of healthcare services.

The Administrative Court has handed down judgment in the case of Garnham and Harrison v Secretary of State for Health, in which the claimants challenged the Secretary of State’s guidance to the effect that there was no power to make cash payments to NHS patients in lieu of healthcare services.

Mr Justice Silber upheld the Secretary of State’s interpretation of the legislation, and, further, dismissed the claimants’ human rights challenge under Article 14  ECHR (non-discrimination) taken with Article 8 (right to private and family life).

Emma Dixon was junior counsel for the Secretary of State.

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