The Wider Implications

21 Aug 2007 | by Fiona Banks

R(Eisai Ltd) (Alzheimer’s Society and Shire Ltd) v the National Institute for Health and Clinical Excellence

In R (Eisai Ltd) (Alzheimer’s Society & Shire Ltd, Interested Parties) v. the National Institute for Health and Clinical Excellence (‘NICE’) the Court upheld in part a challenge to the decision of the Appeal Panel of NICE and their consequent guidance on the cost effectiveness of drugs, known as inhibitors, for the treatment of patients suffering from Alzheimer’s disease.  NICE is a statutory body whose role is to provide guidance to the NHS.  The challenge was mounted on three grounds, namely: (i) procedural unfairness; (ii) discrimination; and (iii) irrationality.