The Pharmaceutical Services Negotiaing Committee (PSNC) has received permission to appeal against a High Court decision to reject its legal challenge to government funding cuts.
According to PSNC, the appeal is not likely to be heard for several months.
Sue Sharpe, PSNC’s CEO, said: 'We hope that we will be able to have constructive discussions with the Department of Health (DH) and NHS England. Ideally we would like those to mean we did not need to pursue an appeal, but PSNC will do what it feels is right to protect pharmacies and the patients they care for.'
The Pharmacist has contacted the DH for comment.
On 18 May, Mr Justice Collins gave his judgment, finding against PSNC, but criticising the DH consultation process, stating that it was unfair, but not so unfair as to be unlawful.The DH had failed to disclose its use of a Companies House analysis that it said showed community pharmacies have an operating margin of 15%.
In giving permission for PSNC to appeal, Mr Justice Collins reportedly said: ‘While naturally I am not persuaded that I failed in any of the respects alleged…I recognise the real effect of the cuts on pharmacies and the apparent reliance on the 15% and the non-disclosure,’ according to the negotiator.
NPA also appeals unsuccessful cuts challenge
The Pharmacist understands that the National Pharmacy Association (NPA) has also received permission for an appeal of its own unsuccessful bid to overturn the cuts and has lodged its appeal papers with the Court of Appeal.
Solicitor Andrea James, partner at Knights Professional Services, who led the NPA's challenge against the funding cuts, tweeted that Mr Justice Collins had also approved the organisation's request to be reconsidered.
#cutsincourt To be clear, NPA (1) has permission to appeal from Mr Justice Collins and (2) has lodged its appeal papers with Court of Appeal
— Andrea James (@HealthRegLawyer) 23 June 2017
I can confirm that Mr Justice Collins has granted permission for the #pharmacycuts decision to be reconsidered by the Court of Appeal pic.twitter.com/RJUYXh0MS1
— Andrea James (@HealthRegLawyer) 23 June 2017
The NPA's case against the cuts was heard in the same judicial review as PSNC's claim.
Have your say
Please add your comment in the box below. You can include links, but HTML is not permitted. Please note that comments are not moderated before publication and the views expressed are those of the user and do not reflect the views of The Pharmacist. Remember that submission of comments is governed by our Terms and Conditions. You can also read our full guidelines on article comments here – but please be aware that you are legally liable for any libellous or offensive comments that you make. If you have a complaint about a comment or are concerned that a comment breaches our terms and conditions, please use the ‘Report this comment’ function to alert our web team.