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L Rowland & Company (Retail) Limited v. The National Appeal Panel & Healthcare Pharmacies Limited for Judicial Review [2006] CSOH 113
Location: Case TypesJudicial Review Edit Case Summary   
Posted by: Euan A. Dow 21/07/2006 00:00
In Bonnyrigg there were two pharmacies, one operated by the petitioners, and the other by Lloyds Pharmacy Ltd. In January 2005 the first interested parties (Healthcare) wanted to open a third pharmacy in Bonnyrigg but had to apply to Lothian Health Board for inclusion in its pharmaceutical list. The application was considered by the Board's Pharmacy Practices Committee. The petitioners and Lloyds made representations against the application. The PPC refused the application, and Healthcare appealed to the National Appeal Panel. The petitioners and Lloyds again appeared. The NAP allowed the appeal. The petitioners here applied to the Court for judicial review, and sought reduction of that decision. The petitioners argued (1) the Panel had included in the relevant neighbourhood proposed new housing developments which were hypothetical rather than probable (2) the Panel had erred when considering the adequacy of the existing provision of pharmaceutical services in the relevant neighbourhood (3) the petitiioners raised issues of procedural irregularities and unfairness at the hearing before the Panel.
Court: Court Of Session (Scotland)
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