National Aids Trust v National Health Service Commissioning Board (NHS England) [2016] EWHC 2005 (Admin), [2016] All ER (D) 19 (Aug)
The Administrative Court allowed the National Aids Trust’s application for judicial review of the defendant National Health Service Commissioning Board’s decision to refuse to consider in its commissioning process an anti-retroviral drug to be used on a preventative basis for those at high risk of contracting AIDS (PrEP). NHS England had misdirected itself in law when it had concluded that it had had no power to commission PrEP.