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R (Bayer and Novartis) v NHS Darlington Clinical Commissioning Groups

Landmark ChambersDavid Lock QC and David Blundell QC explain the background, arguments and consequences of R (Bayer and Novartis) v NHS Darlington Clinical Commissioning Groups and others in a series of podcasts.

In March, the Court of Appeal handed down judgment in a highly significant case for the NHS which will have widespread effects on the NHS' ability to deliver clinically- and cost-effective medicine.  The NHS bodies' success in this case should assist the NHS to make more informed rational and cost-effective decisions in its delivery of care within a fixed budget.

David Lock QC and David Blundell QC acted for the successful NHS bodies in R (Bayer and Novartis) v NHS Darlington Clinical Commissioning Groups and others, explain the background, arguments and consequences of the case.

Contents

Introduction:(0:00)

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Part 1: The Legal and Regulatory Background (5:59)

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Part 2: An explanation of the background to the treatment of wet AMD patients within the NHS (20:55)

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Part 3: Details of the policy adopted by the CCGs (33:18)

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Part 4: The grounds of challenge and the lines of defence (42:26)

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Part 5: The judgment of the Court of Appeal (52:26)

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Part 6: What happens next and the consequences for the NHS (1:06:41)

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A summary of the judgment and its effects may be found in the transcript of Part 5 above.

NHS bodies and solicitors who wish to seek advice concerning the implications for their local NHS of this highly significant ruling are invited to contact This email address is being protected from spambots. You need JavaScript enabled to view it..

About the presenters

Landmarks health and social care 3David Lock QC

David Lock was called to the Bar in 1985 and made a QC in 2011. He has appeared in the Supreme Court (most recently in July 2018), the Court of Appeal on many occasions, the High Court, the County Court, the Court of Protection, has drafted Parliamentary Bills and has advised individuals, companies and government bodies in a variety of international jurisdictions.

This email address is being protected from spambots. You need JavaScript enabled to view it.

Sarah SutherlandDavid Blundell QC

David specialises in all areas of public law, human rights, European Union law, environmental and planning law.

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