National AIDS Trust V NHS Service Commissioning Board
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''National AIDS Trust v NHS Commissioning Board'',
016 HV-016 is a former military unit of Norway, that was a part of the Home Guard. It was established after 1985 to "stop terror- or sabotage actions that could weaken or paralyze Norway's ability to mobilize its military and its ability to resist". ...
EWHC 2005 (Admin), was a court case before the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...
seeking
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
regarding
National Health Service The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the " ...
funding for
pre-exposure prophylaxis Pre-exposure prophylaxis (PrEP) is the use of medications to prevent the spread of disease in people who have not yet been exposed to a disease-causing agent, usually a virus. The term typically refers to the use of antiviral drugs as a strateg ...
. The provision of pre-exposure prophylaxis (PrEP) in the British National Health Service to prevent
HIV The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
infection has been the subject of much controversy. AIDS campaigners have lobbied for the NHS to approve the treatment to prevent the spread of HIV among members of high-risk groups such as gay men. NHS management considered PrEP to be a preventive treatment that they were not legally able to provide funding for, but should instead be funded by local councils. The issue was taken by the National AIDS Trust to a
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
by the High Court. In 2016, the High Court determined that NHS England had the power to provide PrEP treatment to these groups. Following the defeat at trial, NHS England announced a plan to appeal the judgment in the Court of Appeal, while also making plans to prepare to implement the wider use of PrEP. To ensure it had sufficient funding to cover the £10m–20m annual cost of PrEP if it was prioritised, NHS England announced that it could no longer guarantee it would be able to commission nine other treatments and services which it had provisionally earmarked for funding. NHS England lost the appeal, [2016
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/ref> with Lady Justice Eleanor King (judge)">Eleanor King and Lord Justices Andrew Longmore and Nicholas Underhill finding in favour of the National AIDS Trust on 10 November 2016, with Public Health England announcing a 3-year large-scale trial seeking to enroll over 10,000 people a few weeks later. Subsequent freedom of information requests showed that NHS England spent over £100,000 fighting the case, not including NAT's legal fees, estimated at a further £8,000.


See also

*
PROUD (clinical trial) Pre-exposure prophylaxis (PrEP) is the use of medications to prevent the spread of disease in people who have not yet been exposed to a disease-causing agent, usually a virus. The term typically refers to the use of antiviral drugs as a strateg ...
*
Pre-exposure prophylaxis Pre-exposure prophylaxis (PrEP) is the use of medications to prevent the spread of disease in people who have not yet been exposed to a disease-causing agent, usually a virus. The term typically refers to the use of antiviral drugs as a strateg ...
*
Emtricitabine/tenofovir Emtricitabine/tenofovir, sold under the brand name Truvada among others, is a fixed-dose combination antiretroviral medication used to treat and prevent HIV/AIDS. It contains the antiretroviral medications emtricitabine and tenofovir disopro ...
(Truvada) * HIV in the United Kingdom


References

{{Reflist


External links


Text of the High Court ruling
''National AIDS Trust v NHS Commissioning Board''
016 HV-016 is a former military unit of Norway, that was a part of the Home Guard. It was established after 1985 to "stop terror- or sabotage actions that could weaken or paralyze Norway's ability to mobilize its military and its ability to resist". ...
EWHC 2005 (Admin)
Text of the judgment on Bailii

NHS England statement after the High Court ruling

National AIDS Trust statement after High Court ruling
HIV/AIDS in the United Kingdom 2016 in the United Kingdom Pre-exposure prophylaxis United Kingdom administrative case law 2016 in case law National Health Service (England)