Bestway National Chemists Ltd (t/a Well Pharmacy), R (On the Application Of) v The Welsh Ministers

Bestway National Chemists Ltd (t/a Well Pharmacy), R (On the Application Of) v The Welsh Ministers

The Welsh Ministers did not misdirect themselves in law, did not act irrationally, and gave adequate reasons for their decision. They properly considered the question of overprovision and the additional costs of granting the Dowlais application. The claim for judicial review is dismissed on all grounds.

Source-derived case information.

Parties
Claimant: Bestway National Chemists Limited (trading as Well Pharmacy); Defendant: The Welsh Ministers; Interested Party: Boots UK Limited; Interested Party: Dowlais Pharmacy Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2017
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim for judicial review dismissed; permission refused on additional ground.
Legal Topics
Judicial Review, Pharmaceutical Services, Statutory Interpretation, Procedural Fairness
Administrative Law Health Law Judicial Review Pharmaceutical Services Statutory Interpretation Procedural Fairness

Source-derived case record

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Parties

Bestway National Chemists Limited (trading as Well Pharmacy)

Claimant

The Welsh Ministers

Defendant

Boots UK Limited

Interested Party

Dowlais Pharmacy Limited

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Welsh Ministers erred in law or acted irrationally in their approach to overprovision of pharmaceutical services in the relevant neighbourhood
  2. 2 Whether the Welsh Ministers failed to give adequate reasons for their decision
  3. 3 Whether the Welsh Ministers failed to consider the additional costs to the NHS of granting the Dowlais application

Ratio Decidendi

The Welsh Ministers did not misdirect themselves in law, did not act irrationally, and gave adequate reasons for their decision. They properly considered the question of overprovision and the additional costs of granting the Dowlais application. The claim for judicial review is dismissed on all grounds.

Court Disposition

Claim for judicial review dismissed; permission refused on additional ground.

Orders

  • Claim for judicial review on the three granted grounds is dismissed.
  • Permission to seek judicial review on the fourth ground (additional costs) is refused.