Cited — Bayer Plc & Anor v NHS Darlington CCG & Ors 2020-03-25“…f State for the Home Department [2004] EWCA Civ 1481, [2005] 1 WLR 2219, and R (Tabbakh) v Staffordshire and West Midlands Probation Trust [2014] EWCA Civ 827, [2014] 1 WLR 4620, to which we were also referred, was likewise different. In both cases the policy-maker had, or had undertaken, the responsibility of prescribing the procedure…”