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Pfizer Ltd, Regina (on the Application Of) v Secretary of State for Health: CA 6 Nov 2002

The applicant appealed a refusal of a judicial review of the respondent’s decision to restrict the prescription of their drug Viagra. They argued that under the transparency directive, the government was obliged to carry out a public process of comparing priorities.
Held: The process of making this decision was one of allocating funds to competing needs and choosing priorities. That was essentially a political decision about the affordability of different remedies. It was not clear what sort of analysis might be given if ordered, and was not to be required as a pre-requisite of restricting prescription.

Judges:

Lord Justice Buxton, Lord Justice Simon Brown, Lord Justice Carnwath

Citations:

Times 11-Nov-2002, Gazette 16-Jan-2003, [2002] EWCA Civ 1566

Links:

Bailii

Statutes:

Council Directive 89/105/EEC the Transarency Directive Art 7

Jurisdiction:

England and Wales

Health, Administrative

Updated: 06 June 2022; Ref: scu.178109

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