Litigation Recent Decisions 06/08/96

Lords take their medicine. The House of Lords is considering whether to give leave for an appeal which would focus on the rights of courts to review decisions of the Medicines Control Agency (MCA). The case involves Upjohn, which is seeking to reinstate licences revoked by the MCA in 1993 on safety grounds. Following a favourable report to the EU Committee for Proprietary Medicinal Products, Upjohn unsuccessfully asked the High Court to refer the question of reinstatement to the European Court of Justice. In October 1995, the Court of Appeal overturned the High Court decision and referred questions, including whether the High Court was in a position to review the correctness of the MCA's decision, to the High Court. The Law Lords are currently considering an application by the MCA for leave to appeal that decision.

Indian case steams ahead

A £2.5 million compensation battle between the Republic of India and the India Steamship Company is heading for the House of Lords.