19 Apr NHS to reconsider PrEP decision after legal intervention

Our client, the National Aids Trust (NAT) has forced NHS England, which was facing a judicial review of its decision, to rethink its controversial decision to shelve plans to commission Antiretroviral Drugs for use as Pre-Exposure Prophylaxis (PrEP) for HIV.

PrEP has been described as a “game-changing” drug, following trials which have unequivocally demonstrated that it reduces the risk of transmission of HIV. After over 18 months of collaborative work involving NAT and many others, NHS England suddenly and unexpectedly pulled the plug on the well-formulated plan for PrEP to be provided on the NHS for high-risk groups.

NAT instructed us to apply for judicial review of this decision, and we sent an urgent letter before claim pointing out, in detail, the legal flaws in the decision. At the eleventh hour, as the papers were on the way to Court to begin court action, NHS England agreed to reconsider its decision, so the hope that PrEP will be available on the NHS to those who need it remains alive.

The partner with conduct of this case is Adam Hundt. Karon Monaghan QC of Matrix Chambers and Zoe Leventhal of Landmark Chambers are instructed as counsel.

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