header-logo header-logo

Pharmacy—Pharmaceutical services—Supply of medicine or drug

12 October 2012
Issue: 7533 / Categories: Case law , Law digest , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Ian D’Costa

Arc Pensions Law—Ian D’Costa

Pensions firm welcomes legal director in London

Shakespeare Martineau—Jonathan Warren

Shakespeare Martineau—Jonathan Warren

Real estate disputes team strengthened by London partner hire

Morgan Lewis—Christian Tuddenham

Morgan Lewis—Christian Tuddenham

Litigation partner joins disputes team in London

NEWS
Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ
Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ
Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
back-to-top-scroll