Pharma Nord (UK) Ltd, R (on the application of) v Medicines Control Agency, Court of Appeal - Civil Division, May 22, 1998, [1998] EWCA Civ 891
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Pharma Nord (UK) Ltd, R (on the application of) v Medicines Control Agency, Court of Appeal - Civil Division, May 22, 1998, [1998] EWCA Civ 891
IN THE SUPREME COURT OF JUDICATURE QBCO1 97/1574 CMS4IN THE COURT OF APPEAL (CIVIL DIVISION)ON APPEAL FROM THE QUEEN'S BENCH DIVISION (CROWN OFFICE LIST)(MR JUSTICE COLLINS) Royal Courts of Justice Strand London WC2 Friday 22 May 1998 B e f o r e: THE MASTER OF THE ROLLS (LORD WOOLF) LORD JUSTICE MORRITT LORD JUSTICE ROBERT WALKER - - - - - - R E G I N A - v - MEDICINES CONTROL AGENCY EX PARTE PHARMA NORD (UK) LIMITED - - - - - - (Transcript of the handed-down Judgment of Smith Bernal Reporting Limited, 180 Fleet Street, London EC4A 2HD Tel: 0171 421 4040 Official Shorthand Writers to the Court) - - - - - - MR A WILSON QC and MISS T HOLMAN (Instructed by Messrs Hunt Kidd, Newcastle, NE1 6AG) appeared on behalf of the AppellantMR R PLENDER QC (Instructed by Messrs P K J Thompson, Solicitor DHSS, London WC2A 2LS) appeared on behalf of the Respondent - - - - - - J U D G M E N T (As approved by the Court) - - - - - - ©Crown Copyright JUDGMENTLORD WOOLF, MR:BackgroundThis is an appeal from a decision of Mr Justice Collins of 11 July 1997. Mr Justice Collins dismissed a motion of Pharma Nord (UK) Ltd (the applicants) in their application for judicial review of a decision of the Medicines Control Agency (MCA) contained in a letter dated 14 June 1996. Although the motion was to transfer the application for judicial review from the Crown Office List to the Queen's Bench Division for trial on the merits, it raises issues of some general importance (a) as to the relationship between applications for judicial review and an ordinary or private law action for a declaration and (b) as to when it is appropriate for the courts to grant declaratory relief as to issues which will arise in imminent criminal proceedings. The second issue is said by the applicants to raise the fundamental question : "Under what circumstances may a trader who wishes to embark on a course of dealing which he believes to be lawful, but which has been threatened with criminal proceedings by an administrative body, seek a declaration that the proposed activity is in fact lawful?"The dispute which divides the parties is subject to Community law. The relevant directive is drafted in such broad terms that the parties accept that it has to be interpreted in a manner which restricts its ap...See the full content of this document
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