Key Facts
- •RRR Manufacturing Pty Ltd (RRR) markets a portable defibrillator.
- •The British Standards Institution (BSI) is an approved body that certifies medical devices, including RRR's defibrillator.
- •BSI suspended RRR's certificate, prompting RRR to seek judicial review.
- •The Administrative Court granted interim relief, restraining BSI from suspending the certificate and ordering its renewal.
- •BSI appealed the interim relief order.
Legal Principles
Principles governing interim relief in judicial review (American Cyanamid test)
American Cyanamid Co v Ethicon Limited [1975] AC 396
High threshold for merits in interim relief applications in public law
R (Medical Justice) v Secretary of State for the Home Department [2010] EWHC 1425 (Admin)
Damages are rarely an adequate remedy in judicial review
[15]
Balance of convenience considers harm to claimant, defendant, and public interest
[16]
Public interest favors respecting public body decisions unless set aside
[17]
Reluctance to restrain public authorities from exercising powers in good faith
R (Association of British Insurers) v Lord Chancellor [2017] EWHC 106 (Admin); R v Ministry of Agriculture, Fisheries and Food ex p Monsanto Plc [1999] QB 1161
Strong prima facie case needed to grant injunctions against public authorities
R (Governing Body of X) v Office for Standards in Education [2020] EWCA Civ 594
Great weight given to protection of public health
R v Secretary of State for Health ex p Eastside Cheese Co [1999] CMLR 12; R (British American Tobacco UK Limited) v Secretary of State for Health [2016] EWCA Civ 1182; R (Dolan) v Secretary of State for Health and Social Care [2020] EWHC 3857 (Admin)
Strong prima facie case needed for mandatory injunctions against public authorities
De Falco v Crawley Borough Council [1980] QB (CA)
Court's jurisdiction to grant interim relief in judicial review is derived from prerogative writs (now section 31 Senior Courts Act 1981)
Section 31 Senior Courts Act 1981
Manufacturer must satisfy approved body that device meets essential requirements
Regulations 8, 9(2), Annex X, Annex I of Council Directive 93/42/EEC
Costs generally follow the event in judicial review, but interim relief costs are often reserved
M v Croydon London Borough Council [2012] EWCA Civ 595; R (Naureen) v Salford City Council [2012] EWCA Civ 1795
Outcomes
Appeal allowed on all three grounds.
The Judge erred in law by misapplying the principles of interim relief, granting a mandatory injunction without sufficient basis, and ordering costs prematurely.
Interim relief set aside.
The balance of convenience favored refusing interim relief due to the paramount importance of public health and safety and the availability of alternative certified products.
Mandatory injunction quashed.
The court lacked the power to compel a future decision in a specific manner before determining the lawfulness of the challenged decisions.
Costs order set aside.
The costs of the interim relief application should have been reserved until the final determination of the judicial review.