PSNC Judicial Review Appeal Update

PSNC Judicial Review Appeal Update

June 23, 2017

UPDATE DECEMBER 2017: The Court of Appeal has listed the appeals by PSNC and the NPA for hearing in the period January to March 2018.

UPDATE: The appeal was lodged with the Court of Appeal in early July 2017.

PSNC has received permission to appeal in its Judicial Review Case against the Secretary of State.

On 20th October 2016, the Secretary of State imposed funding cuts and other changes on community pharmacy. PSNC sought Judicial Review of the decision.

On 18 May 2017, Mr Justice Collins gave his judgment, finding against PSNC, but criticising the Department of Health’s (DH’s) consultation process, stating that it was unfair, but not so unfair as to be unlawful. DH had failed to disclose its use of a Companies House analysis that it said showed community pharmacies have an operating margin of 15%.

In giving permission for PSNC to appeal, Mr Justice Collins stated:

‘While naturally I am not persuaded that I failed in any of the respects alleged … I recognise the real effect of the cuts on pharmacies and the apparent reliance on the 15% and the non-disclosure.’

The appeal is not likely to be heard for several months.

Sue Sharpe, PSNC’s CEO, said:

“We hope that we will be able to have constructive discussions with DH and NHS England. Ideally we would like those to mean we did not need to pursue an appeal, but PSNC will do what it feels is right to protect pharmacies and the patients they care for”.



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