This case followed the obiter of Clarke MR in R (Anne Marie Rogers) v Swindon, finding that social factors are relevant to the question of exceptionality.




Mrs Murphy was suffering from rectal cancer and sought funding for her sunitinib. Irresepctive of the fact that she was the sole carer for her husband the PCT rejected her funding application.


Burnett J held that social factors such as being the sole carer for another sick person is relevant to the question fo exceptionality. Mrs M's counsel was able to provide seven reasons why she should be considered exceptional, which were accepted by the court.