Legal expert warns Scottish drugs loophole could see non-Scots capitalising
By Peter Carvill
A leading QC has admitted that patients denied expensive drugs in English NHS hospitals could benefit by moving to Scotland for treatment.
Speaking at a WPA event, Nigel Giffin said that treatment on the Scottish NHS is dependent on whether the patient is 'ordinarily resident' in Scotland, meaning that someone only visiting the country could be eligible for treatment.
Giffin added: "In Scotland, the big issue is whether you are normally resident and that does not mean you have to be of Scottish origin in any shape or form. It does not mean that you have to have been in Scotland for any particular length of time nor does it mean that you have to intend to stay in Scotland permanently."
Giffin also said that if someone was resident in Scotland for just part of their normal week, then that could be construed as 'ordinarily resident'.
Charlie MacEwan, head of communications for WPA, said: "It's much easier than we have been led to believe to take up residence in Scotland."
The event, 'Your legal rights to healthcare - Truths and Truisms', attempted to portray an accurate picture as to why certain treatments can be available in one NHS hospital but not another.
23 October 2026
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2 min read
