This alongside Price v UK are cases in which the claimant have attempted to rely on the ECHR in order to reverse rationing decisions.
Watt was in need of a hip replacement, but kept getting her surgery delay, so she sought to have her treatment done in France and funded by the NHS. She argued that the delay amounted to a breach of Art.3 protection from inhumane and degrading treatment.
Mundy J held that the delay was not a breach of art.3, and refusal to fund overseas treatment was reasonable.
Gareth Davis explained that the reason the NHS does not fund foregin treatments is because it would result in higher cost for the NHS and hospitals in the UK becoming redundant.