Tom Cross successful in pharmaceuticals judicial review


The High Court (Turner J) has dismissed a claim for judicial review brought by the British Generic Manufacturers Association (BGMA). The claim concerned arrangements for the negotiation of a new voluntary scheme for the provision of branded medicines to the NHS, which has historically been made with the Association of the British Pharmaceutical Industry (ABPI). Expenditure on branded medicines represents the greatest share of expenditure by the NHS, and the scheme allows such expenditure to be controlled to protect the public purse. The Secretary of State had decided that any new scheme should be made with the ABPI, but not with BGMA, albeit that BGMA should be afforded a status allowing them to participate in the negotiation.

Tom Cross acted for the Secretary of State. You can read the judgment here.