Facts: NHS England claimed that it had no power to commission preventative medication because that was a ‘public health function’ and also medication designed to prevent sexually transmitted diseases, both of which were the responsibility of local authorities.

Judgment: the Court of Appeal (Longmore, Underhill and King LJJ) held that NHS England did have the power, in the light of the relevant provision of the National Health Service Act 2006, construed in the light of the purposes of that Act and the regulations made thereunder.