Assisted Reproduction and Gynaecology Centre & Anor v The Human Fertilisation and Embryology Authority

Assisted Reproduction and Gynaecology Centre & Anor v The Human Fertilisation and Embryology Authority

The HFEA had no power to impose a licence condition that took effect prior to completion of the full statutory process, including the appeal process under section 20 of the 1990 Act. The defendant's conduct in imposing the condition before the appeal was determined was unfair and contrary to public law principles....

Source-derived case information.

Parties
Claimant: The Assisted Reproduction and Gynaecology Centre; Claimant: The Reproductive Genetics Institute; Defendant: The Human Fertilisation and Embryology Authority
Jurisdiction
England and Wales
Judgment Date
18 October 2013
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Claim allowed on grounds 1 and 3
Legal Topics
Statutory Interpretation, Licensing of Fertility Clinics, Legitimate Expectation, Procedural Fairness
Administrative Law Health Law Statutory Interpretation Licensing of Fertility Clinics Legitimate Expectation Procedural Fairness

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Summary, issues, holding and outcome

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Parties

The Assisted Reproduction and Gynaecology Centre

Claimant

The Reproductive Genetics Institute

Claimant

The Human Fertilisation and Embryology Authority

Defendant

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the HFEA has power to impose a licence condition prior to completion of the statutory reconsideration process
  2. 2 Whether the decision to impose the condition must be taken by the Licence Committee or Executive Licensing Panel
  3. 3 Whether the exercise of power was in accordance with public law principles and legitimate expectation

Ratio Decidendi

The HFEA had no power to impose a licence condition that took effect prior to completion of the full statutory process, including the appeal process under section 20 of the 1990 Act. The defendant's conduct in imposing the condition before the appeal was determined was unfair and contrary to public law principles. The statutory scheme requires completion of the reconsideration process before a varied condition can take effect.

Court Disposition

Claim allowed on grounds 1 and 3

Orders

  • Parties to make submissions on consequential orders and costs