Hidden Hearing Ltd, R (on the application of) v Hearing Aid Council [2009] EWHC 63 (Admin) (22 January 2009)

Hidden Hearing Ltd, R (on the application of) v Hearing Aid Council [2009] EWHC 63 (Admin) (22 January 2009)

The Guidance Note is non-binding and qualified; the inclusion of fitting and post-fitting rehabilitation work as activities that may constitute dispensing is not manifestly incorrect given the statutory and regulatory context. The statutory and Code definitions have long included fitting as part of dispensing. There is no basis for quashing the Guidance Note or ordering its withdrawal.

Citation
[2009] EWHC 63 (Admin)
Parties
Claimant: Hidden Hearing Limited; Defendant: The Hearing Aid Council
Jurisdiction
England and Wales
Judgment Date
22 January 2009
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Ultra Vires, Professional Regulation, Guidance Notes, Consumer Protection
Administrative Law Health Law Regulatory Law Statutory Interpretation Ultra Vires Professional Regulation Guidance Notes Consumer Protection

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Parties

Hidden Hearing Limited

Claimant

The Hearing Aid Council

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Hearing Aid Council's Guidance Note on 'dispensing' hearing aids is ultra vires the Hearing Aid Council Act 1968 by extending the statutory definition of dispensing
  2. 2 Whether fitting and post-fitting rehabilitation work can lawfully be included within the definition of 'dispensing' under the Act

Ratio Decidendi

The Guidance Note is non-binding and qualified; the inclusion of fitting and post-fitting rehabilitation work as activities that may constitute dispensing is not manifestly incorrect given the statutory and regulatory context. The statutory and Code definitions have long included fitting as part of dispensing. There is no basis for quashing the Guidance Note or ordering its withdrawal.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Guidance Note refused
  • Application to order withdrawal of the Guidance Note refused