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

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


CategoryNews Author Melissa Shipley Date

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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