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MKB Law Succeeds In Recent Judicial Review For Local Business

Published 21 January 2021.

MKB Law have significant experience acting for both businesses and individuals in judicial review applications.

Our team were delighted to have recently acted for three local pharmacy businesses in a successful judicial review of a decision of the National Appeal Panel. The National Appeal Panel (the “NAP”) deals with appeals from applications to dispense pharmaceutical services made to the Pharmacy Practice committee, established by the Health and Social Care Board in Northern Ireland.

Our clients were objectors to an original application by an existing pharmacy for a “minor relocation” of its pharmacy business, which was granted by the NAP. The key statutory requirement that had to be satisfied by the applicant under the Pharmaceutical Services Regulations (Northern Ireland) 1997, was that the relocation would have no “appreciable effect” on the pharmaceutical services provided. Otherwise, the “minor relocation” could not properly be considered “minor”.

Our clients maintained that the intended relocation would indeed have an “appreciable effect” and judicially reviewed the decision of the NAP.

Upon hearing, the judicial review succeeded with the Judge quashing the NAP’s decision and making a declaration that the re-located premises was no longer on the pharmaceutical list and thus not entitled to administer pharmaceutical services.

A key issue contributing to the Judge’s decision was that additional pharmaceutical services – Medicine Use Reviews – were proposed to be offered at the re-located premises which had not been offered previously.

In the course of the hearing, it was established that Medicine Use Reviews clearly constituted a “pharmaceutical service.”

Other recent successes for our team have included challenging the awarding of liquor licences and the appropriate educational provision or placement for children.

The prospects of judicial review in the educational sector is particularly topical given the recent confusion over AQE transfer tests and the imminent publication of alternative entry criteria by Northern Ireland Grammar Schools.

Jonathan Jackson, Associate Director in the Litigation team at MKB Law, previously provided his views on problems associated with predicted grades which were introduced last year for GCSE and A-Level pupils on BBC Radio Ulster:

Should you require advice in relation to any of the issues raised above, please contact Jonathan Jackson at MKB Law.

Jonathan Jackson
Associate Director
jj@mkblaw.co.uk
028 9099 3121

This article is for general guidance only and should not be regarded as a substitute for professional legal advice.

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