Pitt and Tyas, R (on the application of) v General Pharmaceutical Council

The new Standards for Pharmacy Professionals are not ultra vires the Council's statutory powers, are not void for uncertainty, and the Claimants are not 'victims' under the Human Rights Act 1998. The Standards are not inherently incompatible with Articles 8 or 10 ECHR, and any assessment of proportionality or breach would require a fact-specific inquiry in an individual case.

Parties: Claimants: Pitt and Tyas; Defendant: General Pharmaceutical Council
Jurisdiction: England and Wales
Judgment Date: 11 April 2017
Procedural Posture: Judicial Review / Application for Permission (rolled Up Hearing)
Outcome: Permission refused
Legal Topics: Ultra Vires, Legal Certainty, Victim Status Under HRA, Professional Standards, Articles 8 and 10 ECHR

Administrative Law Professional Regulation Human Rights Ultra Vires Legal Certainty Victim Status Under HRA Professional Standards Articles 8 and 10 ECHR

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Parties

Pitt and Tyas

Claimants

General Pharmaceutical Council

Defendant

Procedural Posture

Judicial Review / Application for Permission (rolled Up Hearing)

Legal Issues

1 Whether the new Standards for Pharmacy Professionals are ultra vires the Council's statutory powers
2 Whether the Standards are void for uncertainty
3 Whether the Claimants are 'victims' under section 7 of the Human Rights Act 1998

Ratio Decidendi

Court Disposition

Permission refused