RRR Manufacturing Pty Ltd, R (on the application of) v British Standards Institution [2024] EWHC 709 (Admin) (21 March 2024)

RRR Manufacturing Pty Ltd, R (on the application of) v British Standards Institution [2024] EWHC 709 (Admin) (21 March 2024)

The claimant has demonstrated a serious question to be tried and damages would not be an adequate remedy. The balance of convenience lies in favour of maintaining the status quo by restraining BSI from suspending or withdrawing the certificate until the claim is determined, as suspension would cause disproportionate harm to the claimant and there is no evidence of a current risk to public health and safety.

Citation
[2024] EWHC 709 (Admin)
Parties
Claimant: RRR Manufacturing Pty Limited; Defendant: British Standards Institution; Interested Party: Medicines and Healthcare Products Regulatory Agency
Jurisdiction
England and Wales
Judgment Date
21 March 2024
Procedural Posture
Judicial Review / Interim Relief Application Prior to Permission Decision
Outcome
Interim injunction granted
Legal Topics
Interim Relief, Judicial Review Procedure, Medical Device Certification, Procedural Fairness, Illegality, Irrationality, Fettering of Discretion
Administrative Law Regulatory Law Medical Devices Law Interim Relief Judicial Review Procedure Medical Device Certification Procedural Fairness Illegality +2 more

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Parties

RRR Manufacturing Pty Limited

Claimant

British Standards Institution

Defendant

Medicines and Healthcare Products Regulatory Agency

Interested Party

Procedural Posture

Judicial Review / Interim Relief Application Prior to Permission Decision

Legal Issues

  1. 1 Whether BSI's decisions to review, refuse appeal, and suspend the claimant's certificate were unlawful
  2. 2 Whether BSI followed fair and transparent procedures
  3. 3 Whether BSI acted irrationally or fettered its discretion

Ratio Decidendi

The claimant has demonstrated a serious question to be tried and damages would not be an adequate remedy. The balance of convenience lies in favour of maintaining the status quo by restraining BSI from suspending or withdrawing the certificate until the claim is determined, as suspension would cause disproportionate harm to the claimant and there is no evidence of a current risk to public health and safety.

Court Disposition

Interim injunction granted

Orders

  • BSI restrained from suspending or withdrawing the claimant's certificate until determination of the claim
  • BSI required to maintain certification in place until determination of the claim