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Charles Russell covers the whole of the retail and community
pharmacy sector, including, the grant of NHS Pharmacy contracts,
Local Pharmaceutical Services, disciplinary proceedings, Medicine
Act issues, and associated regulatory work including appeals
and judicial reviews.
Areas of Work
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NHS Contracts |
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Local Pharmaceutical Services and Pilot Schemes |
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Applications for new NHS pharmacy contractors
(the "necessary or desirable" test) |
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Minor relocations |
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Major relocations |
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Rurality disputes |
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Applications for pharmacy contracts in controlled localities
(rural areas) |
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Opposing applications by doctors for outline consent
to dispense in controlled localities |
We can:
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Help with negotiations for Local Pharmaceutical
Services and Pilot Schemes |
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Help put together proposals
and seek funding |
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Draft applications |
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Draft contracts and advise on contractual
terms and conditions |
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Make representations opposing applications
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Prepare letters of appeal |
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Represent applicants or objectors at appeal
hearings |
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We also advise on the legal
and ethical implications of internet pharmacy. There has
been a lot of press coverage about the risks of obtaining
medicines via the internet, particularly because websites
may supply counterfeit products like Viagra. We have been
able to advise UK registered pharmacies on how to run
an internet pharmacy business that is legally and ethically
compliant, and we advise ukmedix
on the operation of its website. |
We pride ourselves on our approachability. We believe it
is important to present cases in a way which is not unnecessarily
legalistic, but tailored to clients' needs and to the needs
of each case.
If the FHS Appeal Authority or National Assembly for Wales
makes a mistake of law, we have been involved in many of the
leading Judicial Review cases in this area.
Statutory Committee
We have many years of experience in representing clients before
the Statutory Committee of the Royal Pharmaceutical Society.
• We have acted in leading cases heard in the High Court
• We are familiar with the Code of Ethics, and with
Human Rights issues.
Representation - Defence - Investigations
Pharmacy is a highly regulated profession with many complex
and technical rules - both legal and professional. Pharmacists
may come into conflict with a variety of regulators. We have
extensive experience of representing clients under investigation
by:
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The Royal Pharmaceutical Society |
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The NHS Counter Fraud and Security Management
Service |
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RPPA |
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The Medicines and Healthcare Products Regulatory
Agency (MHRA) |
| • |
PCTs |
| • |
Police |
Whether the problem is an alleged breach of the Medicines
Act or the Misuse of Drugs Act, an allegation of professional
misconduct or fraud, or a dispensing error, we can:
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give specialist advice |
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attend interviews |
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draft letters and representations |
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provide effective defence in court or at
Inquiries and Tribunals (including the Statutory Comittee
and High Court Appeals). |
NHS Pharmacy Contracts and Local Pharmaceutical Services
We regularly advise applicants or objectors in relation
to applications to provide NHS pharmaceutical services. Whether
the "necessary or desirable" test applies, if an
application is for minor relocation, or if rural dispensing
issues arise we will:
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advise |
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draft letters |
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prepare appeals |
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handle advocacy at appeal hearings held
by the Family Health Service Appeal Authority, the National
Assembly for Wales, the National Appeal Panel (Northern
Ireland) |
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conduct judicial review applications |
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draft contracts |
Property and Business Transfers
Whether clients are buying or selling, whether the premises
are being transferred, or the shares in a company or the goodwill,
or the NHS Contract, we can apply our experience and specialist
knowledge to achieve a speedy and cost effective completion
of transactions. We are regularly consulted by purchasers
of pharmacies who have received nasty surprises because other
solicitors acting for them have not asked the right questions
or have given inadequate advice. We can also help obtain advice
on the value of pharmacy contracts. We have contacts with
recognised pharmacy agents such as Orridge Business Sales,
Henry Perlow, Hutchings Consultants Limited and Alliance Valuers.
David Reissner has been able to turn his knowledge of NHS
contract applications to novel use in a dispute over the length
of for a new business tenancy under the Landlord & Tenant
Act 1954. He provided an expert witness report on how easy
or difficult it would be for the pharmacy business to relocate.
A Full Legal Service for Pharmacists
and Pharmacy Owners
We can provide specialist advice in the following areas:
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Company and Commercial Law |
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Company Secretarial |
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Employment |
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Business Law including EC Competition Law |
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Intellectual Property |
For more information, please contact David
Reissner on 020 7203 5065.
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