Hidden Hearing Ltd, R (on the application of) v Hearing Aid Council
The Guidance Note is non-statutory and non-binding, and its definition of dispensing is not manifestly inconsistent with the statutory definition or the Code of Practice, which has included fitting as dispensing for many years. There is insufficient factual basis to conclude that fitting and post-fitting rehabilitation can never be part of dispensing. The application to quash or withdraw the Guidance Note is refused.
- Parties
- Claimant: Hidden Hearing Limited; Defendant: The Hearing Aid Council
- Jurisdiction
- England and Wales
- Judgment Date
- 22 January 2009
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application refused
- Legal Topics
- Statutory Interpretation, Ultra Vires, Regulatory Guidance, Healthcare Regulation
Case Brief
Summary, issues, holding and outcome
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Parties
Hidden Hearing Limited
Claimant
The Hearing Aid Council
Defendant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the Hearing Aid Council's Guidance Note definition of 'dispensing' is inconsistent with the statutory definition in the Hearing Aid Council Act 1968
- 2 Whether the Guidance Note is ultra vires and should be quashed or withdrawn
Ratio Decidendi
The Guidance Note is non-statutory and non-binding, and its definition of dispensing is not manifestly inconsistent with the statutory definition or the Code of Practice, which has included fitting as dispensing for many years. There is insufficient factual basis to conclude that fitting and post-fitting rehabilitation can never be part of dispensing. The application to quash or withdraw the Guidance Note is refused.
Court Disposition
Application refused
Full Case Text
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