RRR Manufacturing Pty Limited, R (on the application of) v British Standards Institution

RRR Manufacturing Pty Limited, R (on the application of) v British Standards Institution

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 the claimant would suffer considerable harm and there is no evidence of current risk to public health and safety.

Parties
Claimant: RRR Manufacturing Pty Limited; Defendant: British Standards Institution; Interested Party: Medicines and Healthcare Products Regulatory Agency
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Judicial Review / Interim Relief Application
Outcome
Interim injunction granted
Legal Topics
Judicial Review, Medical Device Regulation, Interim Injunctions
Administrative Law Regulatory Law Judicial Review Medical Device Regulation Interim Injunctions

Case Brief

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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

Legal Issues

  1. 1 Whether BSI acted unlawfully in exercising surveillance and suspension powers
  2. 2 Whether BSI followed fair and transparent procedures
  3. 3 Whether BSI's decisions were irrational

Ratio Decidendi

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 the claimant would suffer considerable harm and there is no evidence of 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