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12 October 2012
Issue: 7533 / Categories: Case law , Law digest , In Court
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Pharmacy—Pharmaceutical services—Supply of medicine or drug

Blackbay Ventures Ltd v Secretary of State for Health and another [2012] EWHC 2635 (Admin), [2012] All ER (D) 12 (Oct)

The words of Art 80(b) of Council Directive (EC) 2001/83 (on the Community code relating to medicinal products for human use) (the directive) and reg 9 of the Human Use (Manufacturing, Wholesale, Dealing and Miscellaneous Amendments) Regulations 2005 (SI 2005/2789) were clear. They applied to all persons holding a wholesale dealer’s licence (WDL), irrespective of the purported capacity in which they acted. Regulation 9(1)(a) stated that “the holder of a wholesale dealer’s licence” should obtain supplies of relevant medicinal products only from either a manufacturer’s licence holder, or a person who themselves held a WDL for such products. Those words should be given their ordinary meaning. It followed that the claimant’s purchase of medicines from pharmacies without a WDL was in breach of the terms of reg 9 of the regulations.

The conditions applicable to the supply of medicinal products to the public were not harmonised under EU law as it presently

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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