In the matter of an application by Eileen Wilson for Judicial Review (Appellant)

Case summary

Case ID

UKSC/2025/0001

Parties

Appellant(s)

Eileen Wilson

Respondent(s)

Department of Health for Northern Ireland

Issue

Did the Court of Appeal err by holding that: (1) The planned treatment scheme under Article 18 of the Protocol on Social Security Co-Ordination of the Trade and Co-Operation Agreement between the European Union and the United Kingdom did not permit otherwise qualifying applicants from the United Kingdom to receive diagnostic treatment in the European Union under that scheme, requiring a prior diagnosis to avail of treatment under the scheme. (2) The case was academic, and did not raise a point of general public importance. (3) The Appellant was not permitted to introduce the medical journals articles either by way of evidence or as part of the authorities.

Facts

This case is about whether a “diagnosis” would be considered “medical treatment” under Article 18 of the Protocol on Social Security Co-Ordination of the Trade and Co-Operation Agreement between the European Union and the United Kingdom (“Article SSC.18”). On 2 June 2017, the Appellant was referred to the Neurology Service because of suspected Multiple Sclerosis. She was advised that the current waiting list for neurology appointments was 163 weeks, and she had an appointment organised for 16 March 2020, which was subsequently cancelled. In 2021, the Appellant applied for her medical diagnosis to be conducted within the EU under Article SSC.18, on the basis that her medical treatment would not be given within a time limit which is medically justifiable. This was rejected on 8 September 2021. The Appellant appealed this decision on 28 September 2021. Prior to the hearing date, between 11 March and 11 May 2022 the Appellant met with a Consultant Neurologist and underwent an MRI scan. As a result, she was not diagnosed with Multiple Sclerosis and it was suggested that her symptoms should continue to be treated as Fibromyalgia. On 4 May 2023, the High Court denied her appeal. This was confirmed by the Court of Appeal on 11 June 2024. The Appellant appeals this decision.

Date of issue

2 January 2025

Case origin

PTA

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