The Good Law Project’s expedited hearing that will decide if the government’s serious shortage protocols (SSPs) should be subject to a judicial review will be heard in the Court of Appeal on May 10.

The hearing will determine whether to overturn Mr Justice Supperstone’s ruling on March 29 that regulation 9 of the Human Medicines (Amendment) Regulations 2019, giving pharmacists special dispensing powers to counter medicines shortages, was “lawfully made.”

Under SSPs, which came into force on February 9, 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.

Announcing the date of the hearing on Twitter, The Good Law Project said: “The expedited hearing of our judicial review challenge to the government's serious shortage protocols power to deal with medicine shortages has been listed in the Court of Appeal for 10 May 2019.”

The Good Law Project believes SSPs were pushed through without a proper consultation with patient and clinical groups and launched judicial review proceedings on February 26 against the legality of the measures.

Lord Justice Hickinbottom, who will preside over the latest hearing, said Mr Justice Supperstone’s judgment “appears to me to be quite compelling” but agreed to expedite the hearing because as a no-deal Brexit remains a possibility, SSPs are more likely to be issued.