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08 May 2008
Issue: 7320 / Categories: Legal News , Public , Community care , Constitutional law
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Alzheimer victory for pharmaceutical firms

News

A computer model used by the National Institute for Health and Clinical Excellence (NICE) to assess the cost-effectiveness of an Alzheimer’s drug must be made available to drug companies, the Court of Appeal has ruled.

In R (Eisai Ltd) v NICE & Ors the court ruled that NICE had acted unfairly in refusing to allow pharmaceutical firms Eisai and Pfizer access to a “fully executable” version of the economic model it had used when deciding that the drug Aricept should not be prescribed on the NHS to patients with mild Alzheimer’s disease.

Eisai and Pfizer—which market Aricept—were unable to properly challenge NICE’s decision because of the watchdog’s refusal to allow access to the economic model, the court ruled. The Court of Appeal’s decision means that NICE must now make such a version available.

NICE claims the full details of the computer programs are the intellectual property of the academic teams who developed them, and who are entitled to have them protected. It is considering an appeal to the House of Lords. Stephen Hocking, partner in the public law department at law firm Beachcroft, which acted for NICE, says this is a surprising and worrying judgment for all public bodies.

 

“Just as public bodies are expected to respect the role of the courts, so the courts have to respect the role of public bodies.

“There is a boundary between a proper scrutiny of what public bodies do, and an improper interference in how they do it. If the courts do not respect that boundary public bodies are at the mercy of any claimant with an axe to grind,” he says.

 

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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