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England and Wales decisions
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Judicial review of CQC decisions about Gender Plus Healthcare Ltd’s registration and rating for hormone treatment to 16–17 year olds. Claim dismissed.
Evans & Anor, R (On the Application Of) v Care Quality Commission [2025] EWHC 2015 (Admin) (31 July 2025)
Judicial review of the CQC’s registration and assessment of a private gender clinic failed. The court found the regulator’s decisions were rational and lawful.
Cygnet Health Care Ltd, R (On the Application Of) v Care Quality Commission [2025] EWHC 1 (Admin) (21 January 2025)
The Administrative Court considered whether CQC inspection and enforcement decisions involving an inspector who had previously been a Cygnet patient were tainted by apparent bias.
Judicial review of CQC inspection and enforcement decisions involving an inspector who had previously been a Cygnet inpatient. The court found apparent bias and granted limited relief.
The Secretary of State's decision to use the emergency procedure under section 62(3) Medicines Act 1968 was rational and lawful given the Cass Review's findings of substantial risks and limited benefits of puberty blockers, the lack of regulatory control over overseas prescribing, and the need to act urgently to avoid serious danger to health. The absence of consultation was lawful under the statutory scheme, and no additional common law or Article 8 ECHR procedural duty arose. The claim for judicial review is dismissed on all grounds.
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The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2023] EWCA Civ 763 (03 July 2023)
The Court of Appeal upheld the dismissal of Servier’s appeal, holding that the mitigation defence over perindopril did not require further disclosure from all PCTs or Health Boards.
Hexpress Healthcare Ltd, R (On the Application Of) v Care Quality Commission [2022] EWHC 2943 (Admin) (25 November 2022)
The High Court granted permission for judicial review only on the argument that the CQC’s conclusions may have been based on a statistically insignificant sample.
Taggart v The Royal College of Surgeons of England & Anor [2022] EWHC 1141 (Admin) (13 May 2022)
The High Court held that the Royal College of Surgeons’ Invited Review Mechanism was not amenable to judicial review and dismissed the claim.
The High Court held that the Royal College of Surgeons’ Invited Review Mechanism is not amenable to judicial review because it is contractual, advisory, and lacks sufficient public character.
The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2022] EWHC 369 (Ch) (21 February 2022)
Preliminary issues in Servier perindopril damages claims; the court rejected the argument that health authorities should have promoted switching to cheaper ACE inhibitors.
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