We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-7 of 7

NICE, but unreasonable: the Court of Appeal quashes a decision of NICE on the grounds that it is inadequately reasoned

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 23 2010

In R (Servier Laboratories Limited) v National Institute for Health and Clinical Excellence & Anr 2010 EWCA Civ 346 the Court of Appeal held that a decision of NICE, the National Institute for Health and Clinical Excellence, should be quashed as it lacked adequate reasoning and the court had 'grave concerns' about its rationality

Quashing a decision on the basis of material error of fact

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 30 2010

In R (March) v Secretary of State for Health 2010 EWHC 765 (Admin), Mr Justice Holman in the High Court quashed on the grounds of material error of fact a decision by the Secretary of State concerning the level of ex gratia payments made to NHS patients treated with contaminated blood

Contracting with public authorities: public or private law?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 27 2012

Two recent High Court cases illustrate the difficulties in determining when a party contracting with a public authority can pursue public law remedies

Ombudsman decision underlines importance of considering all available medical evidence on ill-health early retirement pension claims

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 30 2010

Sanderson concerned an application for an ill-health early retirement pension from the Local Government Pension Scheme (LGPS

Irrational decision overturned after a range of failures by local authority

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 25 2013

The High Court recently quashed South Tyneside council's setting of the level of fees payable to care homes in a critical and comprehensive decision

High Court sets out key principles to ensure a fair consultation process

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 10 2013

In the recent decision of R (on the application of Save our Surgery Ltd) v Joint Committee of Primary Care Trusts 2013 EWHC 439, the court quashed

Regulatory proceedings and property rights: revisited

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 19 2007

The Court of Appeal has reversed the decision of the High Court in R (Malik) v Waltham Forest Primary Care Trust and others 2006 EWHC 487, in which Mr Justice Collins held that a decision by a Primary Care Trust to suspend a doctor from the medical performers list, as part of professional disciplinary processes, was an unjustified interference with the doctor's rights under Article 1 of the First Protocol (the right to peaceful enjoyment of possessions) ("A1P1"