NICE issued a press statement following the appeal court ruling on 12 April in the case of Swindon PCT vs Ann Marie Rogers. Ms Rogers was appealing against an earlier ruling that had found in favour of Swindon PCT's decision not to fund the unlicensed drug Herceptin for the treatment of early stage breast cancer, other than in exceptional circumstances. In the statement NICE Chief Executive Andrew Dillon reaffirmed the importance of ensuring that new drugs are both safe to use, by having an effective system for licensing, and used in the right way through the work that NICE does. "Without these things, we risk exposing patients to risks and the health service to using its money unwisely" he said.

NICE is expecting to issue guidance to the NHS on the use of Herceptin in July 2006, providing the drug receives a licence from the European licensing authority (EMEA). NICE's guidance will make it clear who might potentially benefit from the drug, irrespective of where they live in England and Wales. "It’s only in this way that consistent decisions can be taken to bring an end to the uncertainty that faces both patients and the NHS” commented Andrew.