Anne Marie Rogers suffered from breast cancer, she sought funding for off-licensed use of herceptin, and was rejected on the ground that she was not "exceptional". Babara Walters in Sommerset with the same condition was able to obtain funding for her treatment.
Clarke MR held that the PCT had acted illegally by fettering its discretion. There are no evidence suggesting that the policy of not funding off-licensed drugs is capable of distinguishing between different patients. Clarke MR mentioned in obiter that PCTs should be allowed to take into account social factors of the patient when deciding whether they are "exceptional".