No power to pay, no money to pay (Solicitors Journal)

Melissa Shipley considers the relationship between the law, financial considerations, and common sense in National Aids Trust v NHS England.

In National Aids Trust v NHS England [2016] EWHC 2005 (Admin), there was seemingly only one narrow issue for Mr Justice Green to decide: did NHS England have the power to commission pre-exposure prophylaxis (known as 'PrEP')? However, in an era of ever-increasing budgetary constraint, the financial implications of any decision 'lurked only marginally' below the parties' submissions on this narrow issue.

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