1 - Introduction

Summary

Health law and the European Union

In 1996, a young British woman, Diane Blood, sought to use sperm which had been collected from her recently deceased husband, Stephen Blood, while he was critically ill with meningitis. Although Stephen and Diane Blood had discussed having a family, crucially, Stephen had not given written consent for the taking of his sperm. In English law, the use of the sperm was prohibited under the UK Human Fertilisation and Embryology Act 1990. However, relying on Diane Blood's EU law right to receive medical treatment in another Member State, the English Court of Appeal granted Diane Blood permission to receive the treatment she sought in Belgium. Diane Blood subsequently gave birth to a son, Liam. In 2003, another British woman, Yvonne Watts, sought a hip replacement for her arthritic hip in France, to avoid an NHS waiting list. She then attempted to reclaim the cost of her treatment from her local National Health Service Trust. The Trust refused, and Yvonne Watts brought an action in the English High Court, challenging their decision, claiming that it was ultra vires, contrary to provisions of the UK Human Rights Act 1998, and contrary to her free movement rights under EU law. She lost on the facts, but the case is currently subject to an appeal and has been referred to the European Court of Justice.