R (on the application of National Aids Trust) v National Health Service Commissioning Board (NHS England) and another [2016] EWCA Civ 1100, [2016] All ER (D) 73 (Nov)
The Court of Appeal dismissed NHS England’s appeal from a decision of the Administrative Court, allowing the National Aids Trust’s application for judicial review of NHS England’s decision to refuse to consider, in its commissioning process, an anti-retroviral drug to be used on a preventative basis for those at high risk of contracting AIDS (PrEP). NHS England had misdirected itself in law when it had concluded that it had had no power to commission PrEP.
