The Good Law Project has conceded defeat in its attempt to compel the government to stop the serious shortage protocols (SSPs) after the Court of Appeal today dismissed its attempt to overturn a judge’s decision to refuse them permission to apply for a judicial review.

The ruling sees special dispensing powers which were granted to pharmacists on February 9 for use when medicines shortages occur remain in force.

The Good Law Project, which is funded by monthly donations from its members, reacted to the ruling by conceding “litigation is now at an end” having argued against the legality of the measures and insisted SSPs were pushed through without a proper consultation with patient and clinical groups.

Under SSPs, pharmacists can dispense a therapeutic equivalent or generic equivalent of a medicine without talking to the patient’s GP in the event of a shortage and dispense a reduced quantity of a medicine or an alternative dosage form.

“Good Law Project made the decision to bring this case having had the benefit of advice from the leading practitioners and academies in the field,” the Good Law Project said in a statement released on Twitter.

“The Court of Appeal agreed that it raised important public interest issues. We never sought - and will never seek – to bring cases where we are certain of success. We will litigate where we assess the public interest to lie.”

The Good Law Project was granted the expedited hearing after Mr Justice Supperstone’s ruling on March 29 that regulation 9 of the Human Medicines (Amendment) Regulations 2019, giving pharmacists the special dispensing powers, was “lawfully made.”

Judicial review proceedings were initially launched on February 26. 

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