Eisai Limited (Headquarters: London, Managing Director: Nick Burgin), a UK subsidiary of Eisai Co., Ltd. (Headquarters: Tokyo, President and CEO: Haruo Naito) received an announcement from the House of Lords on October 28 (UK Time) that they have refused the National Institute for Health and Clinical Excellence (NICE)s application for leave to appeal against the Court of Appeal verdict.

In May this year the Court of Appeal found in favour of Eisai, and ruled that the process by which NICE decided to restrict anti-dementia medicines for newly diagnosed patients with mild Alzheimers disease was procedurally unfair and that it put stakeholders at a significant disadvantage in their ability to engage fully with the process.

The decision from the Appeal Committee of the House of Lords states:
“Permission is refused because the petition does not raise an arguable point of law of general public importance which ought to be considered by the House at this time, bearing in mind that the cause has already been the subject of judicial decision on appeal”.

In addition to refusing the appeal, the House of Lords also upheld in full the Orders from the Court of Appeal that require NICE to:

  • Disclose a fully executable version of the model to Eisai and any other consultee* within 14 days so that the robustness and reliability of the assumptions may be ascertained
  • Allow Eisai and any other consultee a period of 42 days within which to make representations following disclosure of the model
  • Pay Eisais costs of the Appeal as well as 60% of the costs of the original hearing
  • *
    Interested parties involved in the guidance development


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Eisai Co., Ltd.