Application by Paul Savage and Woodbourne Pharmacy Limited for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 15 April 2008 |
| Neutral Citation | [2008] NIQB 43 |
| Year | 2008 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 15 April 2008 |
Neutral Citation no. [2008] NIQB 43 Ref:
WEA7138
Judgment: approved by the Court for handing down Delivered:
15/04/2008
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
AN APPLICATION BY PAUL SAVAGE AND WOODBOURNE
PHARMACY LIMITED FOR JUDICIAL REVIEW
________
WEATHERUP J
[1] This is an application for judicial review of a decision of the National
Appeal Panel of 28 September 2007, refusing the applicant’s appeal as an
objector to the relocation to 220 Stewartstown Road, Belfast of a pharmacy
owned by Cooper and Anglin Ltd. This application raises the issues of
delivery of a notice of appeal within the prescribed period of 21 days and the
identity of the party who should determine if the notice of appeal was
delivered within the prescribed period. Mr Maguire QC and Mr Brendan
O’Hare appeared for the applicant, Dr McGleenan appeared for the
respondent, the National Appeal Panel, and the Notice Party, Cooper and
Anglin Ltd, was represented by Michael Flannigan, Solicitor.
[2] The regulation of pharmacies is provided for under the Pharmaceutical
Services Regulations (Northern Ireland) 1997. Each of the Health and Social
Services Boards prepares a “pharmaceutical list” of those who undertake to
provide pharmaceutical services and of the addresses of the premises within
each Board’s area from which those persons undertake to provide such
services. A person who wishes to be included on the pharmaceutical list
applies to the Board and applications are determined by a Pharmacy Practices
Committee appointed by the Board. There is a right of appeal to a National
Appeal Panel appointed by the Department. Regulation 6 provides that a
person whose name is already included in the pharmaceutical list, but who
intends to relocate within the Board’s area, shall apply to the Board for
relocation and the above arrangements apply to such an application.
[3] The first applicant is a pharmacist and a director of the second
applicant which provides pharmacy services from 128 Stewartstown Road,
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