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

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll