The applicants sought to suspend licences granted for grey or parallel imports of pharmaceutical products, pending resolution of the issue by the European Court. Licences had been granted for certain products, which the manufacturers considered to be superceded. This was an interim application. It first fell to be decided whether there was a serious issue … Continue reading Regina v Licensing Authority Established By Medicines Act 1968 (Acting By Medicines Control Agency) ex parte Rhone Poulenc Rorer Limited; May and Baker Limited: Admn 23 Dec 1997
Citations: [1996] EWHC Admin 339 Links: Bailii Statutes: Medicines Act 1968 Licensing Updated: 25 May 2022; Ref: scu.136887
European law did not prescribe how a national authority should allow challenge of Medicine Authority’s decision. UK rules allowing a court to check the decision only for error or abuse of power, and not the underlying factual assessment are proper. Citations: Times 26-Jan-1999, C-120/97 Statutes: Council Directive 65/66/EEC Jurisdiction: European Health Updated: 10 April 2022; … Continue reading Upjohn Ltd v Licensing Authority established by the Medicines Act 1968 et al: ECJ 26 Jan 1999
Lord Templeman said: ‘The appellants’ submissions are, in essence, based on the proposition that if a product is worth copying, the law should protect the product against being copied. My Lords, that is not the law. In British Leyland Motor . .
When assessing a medicinal product for licensing under the abridged procedure the Authority must consider its essential similarity with a product licensed for ten years, of the same constitution both as to structure and proportions and with . .
IPO (i) Comparison of the goods; ‘While ‘medicated’ goods within Class 5 are likely to be ones that fall within the definition of ‘medicinal product’ in Section 130 of the Medicines Act 1968, this is not necessarily so.’ (ii) Proof of Use Regulation(iii) See also BL O/225/07 At first instance (see BL O/225/07) the Hearing … Continue reading Witchcraft (Trade Mark: Opposition): IPO 6 Mar 2008
The Trust appealed against a sentence imposed under the 1968 Act after a staff member supplied a prescription not of the quality specified in the prescription. Held: The fine was reduced. Where a body existed on a non-profit public service basis, and delegated its duties to properly qualified and trained staff, the court should acknowledge … Continue reading Guy’s and St Thomas’ NHS Trust, Regina v: CACD 2 Oct 2008
The petitioner challenged the decision of the respondents to flouridate the water supply, claiming that it was damaging to her health. Her challenge was on four gounds, namely: (1) ultra vires, (2) nuisance, (3) breach of the Water (Scotland) Act 1980, and (4) breach of the Medicines Act 1968. Judges: Lord Jauncey Citations: [1983] ScotCS … Continue reading McColl v Strathclyde Regional Council: SCS 29 Jun 1983
Mrs Smith’s daughter was unwell with chicken pox. She gave her aspirin, but she contracted a serious disease. She later learned that the Committee had been previously warned of the complication. The drug was later withdrawn for such cases. Held: The statute avoided any liability for breach of statutory duty. Was the Secretary liable in … Continue reading Amanda Claire Smith (A Patient proceeding by her Mother and Next Friend Jenny May Smith) v The Secretary of State for Health (Sued on behalf of the Committee on Safety of Medicines): QBD 15 Feb 2002
A doctor could delegate the task of supply of medicines to patients even though the staff member was neither doctor nor pharmacist. A mere handing over of medicines after prescription set did not involve discretion Citations: Times 16-Sep-1998, Gazette 16-Sep-1998, [1998] EWCA Civ 1278 Statutes: Medicines Act 1968 Jurisdiction: England and Wales Health Professions Updated: … Continue reading Regina v Family Health Services Appeal Authority Interested Party ex parte Elmfield Drugs Ltd: CA 23 Jul 1998
Tucker J [1997] EWHC Admin 750 Medicines Act 1968 England and Wales Health, Commercial Updated: 03 January 2022; Ref: scu.137695
The complainant requested details of whether the public authority had issued a caution under the Medicines Act 1968 to a named clinic. The public authority refused to confirm or deny whether it held information falling within the scope of the request. During the course of the Commissioner’s investigation the public authority sought to rely on … Continue reading Medicines and Healthcare Products Regulatory Agency (Decision Notice): ICO 21 Dec 2009
The plaintiffs had applied for a product licence for a patented drug. To support its application, it supplied the authority with confidential information which the authority now sought to make use of the confidential information when considering later applications for licences for similar products. Held: The authority had a duty of public safety, and to … Continue reading In Re Smith Kline and French Laboratories Ltd: HL 9 Feb 1989
The defendant pharmacist had filled a prescription, but unknown to him the prescription was forged. Held: The offence of sale of medicine contrary to the Act was one of strict liability, and was made out.Lord Goff of Chieveley (with whom the other members of the House of Lords agreed) was prepared to ‘draw support from’ … Continue reading Pharmaceutical Society of Great Britain v Storkwain: HL 19 Jun 1986
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The defendant appealed his sentence for conspiracy to supply counterfeit drugs. Held: The defendant need only serve the sentence if he failed to pay a penalty which the court had decided he could afford to pay. Appeal dismissed. Judges: Scott Baker LJ, Holland J, Loraine-Smith J Citations: [2006] EWCA Crim 2717 Links: Bailii Statutes: Medicines … Continue reading Valentine v Regina: CACD 10 Nov 2006
The defendant pharmacist faced a charge of supplying a medicinal product with a misleading label, an offence under section 85 of the 1968 Act. Working as a locum in a busy supermarket pharmacy she had signed off a mislabelled prescription. The patient ended up in hospital. After directions as to the law, she pleaded guilty. … Continue reading Regina v Lee: CACD 24 Jun 2010
IPO Trade Mark: Opposition – The application was in respect of ‘Eau de toilette, perfume, deodorant’. The opposition was based on registrations of a number of WITCH marks including WITCH DOCTOR and WITCH STIK.The Hearing Officer found points of similarity as well as points of difference in the respective sets of goods; (skincare preparations on … Continue reading Witchcraft (Trade Mark: Opposition): IPO 9 Aug 2007
Citations: [2003] EWHC 3133 (Admin) Links: Bailii Statutes: Medicines Act 1968 168 Jurisdiction: England and Wales Cited by: Appeal from – National Association of Health Stores and Another, Regina (on the Application of) v Department of Health CA 22-Feb-2005 Applications were made to strike down regulations governing the use of the herbal product kava-kava. Held: … Continue reading National Association of Health Stores and Another v Secretary of State for Health and Another: Admn 19 Dec 2003
Citations: [1994] 1 CMLR 621, C-392/93, [1996] EC 411 Jurisdiction: European Cited by: Applied – Regina v Licensing Authority Established By Medicines Act 1968 (Acting By Medicines Control Agency) ex parte Rhone Poulenc Rorer Limited; May and Baker Limited Admn 23-Dec-1997 The applicants sought to suspend licences granted for grey or parallel imports of pharmaceutical … Continue reading Regina v H M Treasury ex parte British Telecommunications Plc: ECJ 1994
The defendants were prosecuted for various offences relating to the selling and marketing of veterinary products without being licensed. Their cases were dismissed, when the prosecution put forward evidence as to the nature of what was being sold, but only in the form of the labels on the packages. The defence successfully argued that chemical … Continue reading Department for the Environment, Food and Rural Affairs v Atkinson, Hughes: QBD 9 Oct 2002
R challenged the decision of a Fitness to Practice Committee to remove his name from the Register pursuant to Article 54(2)(c) of the 2010 Order, after a five day hearing before the Committee. The appeal is brought pursuant to Article 58(1)(a) of the Order. The disciplinary proceedings against R arose out of an undercover investigation … Continue reading Rasool v General Pharmaceutical Council: Admn 6 Feb 2015
Applications were made to strike down regulations governing the use of the herbal product kava-kava. Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing with the issue by use of a warning label fatal to the regulations. The Minister’s own personal … Continue reading National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005
The section recognised the inherent danger of supplying a drug to the public, where neither the supplier nor the recipient could know the danger of ingesting it. Ketamine, intended for horses, was not a controlled drug under the Misuse of Drugs Act 1971, and there were no sentencing guidelines available. In this case, in the … Continue reading Regina v Sabeddu: CACD 30 Nov 2000
