Assura Pharmacy Ltd, Regina (on the Application of) v National Health Service Litigation Authority (Family Health Services Appeal Unit): CA 5 Dec 2008

The parties challenged the refusal and admission to the respective lists of pharmacies allowed to operate in the Todmorden and Freckleton districts. The judge had said that the local PCTs had departed from the appropriate ministerial guidance which emphasised the need for competition.
Held: The appeal against the allowance of the entry for the roposed pharmacy in Todmorden was allowed. In the Freckleton case the judge had been too legalistic, and the NHSLA’s was allowed. Neither entry to the list was to be admitted.
Laws LJ, Sedley LJ, Lawrence Collins LJ
[2008] EWCA Civ 1356
Bailii
National Health Service Act 1977 42, National Health Service Act 2006, National Health Service (Pharmaceutical Services) Regulations 2005
England and Wales
Citing:
CitedClarke Homes Ltd v Secretary of State for the Environment CA 1993
On a challenge as to the adequacy of the reasons given for a planning decision: ‘I hope I am not over-simplifying unduly by suggesting that the central issue in this case is whether the decision of the Secretary of State leaves room for genuine as . .
CitedLowe and Others, Regina (on the Application of) v Family Health Services Appeal Authority CA 26-Jan-2001
The court considered applications to join the lists of pharmacies in an area, and the adequacy of current provision. Laws LJ said: ‘What is ‘adequate’ is a question of degree. There is, as it has been described, a spectrum or ‘continuum’ of . .
CitedLloyds Pharmacy Ltd v The National Appeal Panel and Another ScS 11-Jun-2004
The idea of whether the provision of pharnacy services in an area was adequate was an absolute one. . .
CitedFirst Secretary of State and Another v Sainsbury’s Supermarkets Ltd CA 2-Nov-2007
. .
Appeal fromAssura Pharmacy Ltd, Regina (on the Application of) v National Health Services Litigation Authority (Family Health Services Appeal Unit) Admn 21-Feb-2007
. .
CitedRegina v Family Health Services Appeal Authority, Boots Chemist Interested Party and similar CA 11-Mar-1999
In the context of an application for a pharmacy licence, questions of adequacy, need and desirability are to be decided by the decision-makers, and provided that the proper approach is adopted, the answer will inevitably become a question of fact . .

These lists may be incomplete.
Updated: 11 February 2021; Ref: scu.278523