Facts: Mr Condliff sought bariatric surgery but the PCT refused to provide it because, under its policy, it only provided such treatment for patients whose body mass exceeded 50kg per square metre, which Mr Condliff’s did not, unless there were exceptional clinical factors; Mr Condliff relied on exceptional social factors, but the PCT excluded them from consideration. Mr Condliff sought a judicial review.

Judgment: the Court of Appeal (Maurice Kay, Toulson LJJ) held that the PCT was entitled only to take into account clinical factors: nothing in any case-law supported the argument that Article 8 ECHR imposed a positive duty on health bodies to prioritise some patients on the basis of social factors whereas to take into account clinical factors only, when allocating scarce healthcare resources, was non-discriminatory and in keeping with a PCT’s statutory duty.