Judgment: 2020-01-14 · Court archive

High Court dismisses challenge to Osteopen veterinary medicine authorisation over delay

The court ruled that the judicial review was filed outside the three-month limit and refused an extension, dismissing the proceedings in full and awarding costs to the regulator and authorisation holder.

High Court · [2020] IEHC 16

Who, what, where, when and why

Who
  • Arthropharm (Europe)
  • The Health Products Regulatory Authority (Respondent)
  • Chanelle Pharmaceuticals Manufacturing
  • Garrett Simons (Judge)
What

The court ruled that the judicial review was filed outside the three-month limit and refused an extension, dismissing the proceedings in full and awarding costs to the regulator and authorisation holder.

Where

No place detail is included in this summary.

When

Judgment:

Other dates in the report
  • 20 July 2018

    Arthropharm, which has marketed Cartrophen Vet since 1991, challenged the HPRA’s 20 July 2018 authorisation of Osteopen, made by Chanelle Pharmaceuticals Manufacturing Ltd. Arthropharm alleged that the products differed in composition and manufacturing process, and that Osteopen should not have been authorised through the streamlined generic-product procedure. The court did not decide those substantive allegations.

  • 23 July 2018; 20 December 2018; 8 January 2019

    In a judgment delivered by Mr Justice Garrett Simons on 14 January 2020, the court held that the three-month period began when the Health Products Regulatory Authority (HPRA) posted the authorisation decision and related documents on its website on 23 July 2018. Arthropharm applied for leave to bring judicial review on 20 December 2018, more than three months later. The decision had been published in Iris Oifigiúil on 8 January 2019, but the court found the website posting was effective public notification for calculating the time limit.

  • 12 October 2018

    Arthropharm argued that it needed to correspond with the HPRA and obtain and analyse a sample of Osteopen before bringing proceedings. The judge found that the information already published was sufficient to formulate meaningful grounds for challenge. Arthropharm’s detailed objection to the HPRA on 12 October 2018 had raised key complaints before it obtained the product sample. The court said the appropriate course was to begin proceedings within the time limit and seek to amend the grounds later if analysis revealed further issues.

  • 6 March 2019

    The court also rejected the argument that HPRA solicitors’ letters of 6 March 2019 amounted to fresh decisions restarting the clock. It found that the letters restated and explained the original authorisation decision, rather than recording a formal decision to refuse to withdraw or revoke it.

Why

Reasons reported in the judgment

The High Court has dismissed Arthropharm (Europe) Ltd’s challenge to the marketing authorisation for Osteopen, a veterinary medicine for dogs, after finding that the company brought its judicial review proceedings too late and did not justify an extension of time.

The High Court has dismissed Arthropharm (Europe) Ltd’s challenge to the marketing authorisation for Osteopen, a veterinary medicine for dogs, after finding that the company brought its judicial review proceedings too late and did not justify an extension of time.

In a judgment delivered by Mr Justice Garrett Simons on 14 January 2020, the court held that the three-month period began when the Health Products Regulatory Authority (HPRA) posted the authorisation decision and related documents on its website on 23 July 2018. Arthropharm applied for leave to bring judicial review on 20 December 2018, more than three months later. The decision had been published in Iris Oifigiúil on 8 January 2019, but the court found the website posting was effective public notification for calculating the time limit.

Arthropharm, which has marketed Cartrophen Vet since 1991, challenged the HPRA’s 20 July 2018 authorisation of Osteopen, made by Chanelle Pharmaceuticals Manufacturing Ltd. Arthropharm alleged that the products differed in composition and manufacturing process, and that Osteopen should not have been authorised through the streamlined generic-product procedure. The court did not decide those substantive allegations.

Arthropharm argued that it needed to correspond with the HPRA and obtain and analyse a sample of Osteopen before bringing proceedings. The judge found that the information already published was sufficient to formulate meaningful grounds for challenge. Arthropharm’s detailed objection to the HPRA on 12 October 2018 had raised key complaints before it obtained the product sample. The court said the appropriate course was to begin proceedings within the time limit and seek to amend the grounds later if analysis revealed further issues.

The court also rejected the argument that HPRA solicitors’ letters of 6 March 2019 amounted to fresh decisions restarting the clock. It found that the letters restated and explained the original authorisation decision, rather than recording a formal decision to refuse to withdraw or revoke it.

The proceedings were dismissed in their entirety. The court ordered Arthropharm to pay the HPRA’s and Chanelle’s costs, including reserved costs, with the amount to be determined by the Office of the Legal Costs Adjudicator if the parties could not agree. The judgment noted Arthropharm’s right of appeal to the Court of Appeal.

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