Jones Day, Norton Rose and SJ Berwin have won a landmark case which has seen an estimated £40m Serious Fraud office (SFO) case against five pharmaceutical companies thrown out the Court.

The decision, which was handed down by Mr Justice Pitchford today (11 July) will see the SFO's case against Goldshield, Norton Healthcare, Generics UK, Ranbaxy UK, Kent Pharmaceuticals and a number of individuals struck out.

The SFO was refused an application to amend its indictment against the pharmaceutical companies.

The SFO was attempting to amend its case, which alleged the companies engaged in price-fixing of drugs. However, no criminal offence for price-fixing existed in the UK prior to the enactment of the Enterprise Act 2002.

Goldshield intervened in Ian Norris's extradition case on a similar point of law and which the House of Lords ruled in March that price-fixing in itself cannot be characterised as the old English common-law offence of conspiracy to defraud.

As the SFO could not call price-fixing conspiracy to defraud, and now been refused an application to amend its indictment, the case has been thrown out. It is uncertain whether it will appeal the decision.

Jones Day litigation partner Craig Shuttleworth led the Jones Day team advising Goldshield. It is understood legal costs for Goldshield stand at £6m.

Norton Rose litigation partner Peter Scott led the team advising Ranbaxy while SJ Berwin advised Generics.