*R (on the application of BA) v Secretary of State for Health and Social Care

National Health Service – Duty to provide healthcare services. The Secretary of State had not been in breach of any public law duty in forming the view that what was necessary to meet all reasonable requirements for the allocation of kidney organs for the purpose of transplantation was an allocation which prioritised persons ordinarily resident in England over those not ordinarily resident. Accordingly, the Court of Appeal, Civil Division, affirmed the Divisional Court's decision, dismissing the application for judicial review by the claimant Ghanaian national who suffered from end-stage kidney disease of para 4 of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) (England) Directions 2005.

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