A RURAL pharmacist has won a long-running legal battle with a health board over a dispensing doctors' surgery.
A judge ruled that NHS Grampian had acted unlawfully in allowing the Haddo Medical Group to continue dispensing drugs after Lindsay Craig opened Tarves Pharmacy in Aberdeenshire.
Although the regulations on rural pharmacies are being reformed, at the time of the Tarves Pharmacy decision strict NHS rules barred doctors from running their own in-house drug dispensary in areas where pharmacies were available.
Ms Craig sought a judicial review at the Court of Session earlier this year and Lord Docherty yesterday ruled that NHS Grampian had acted unlawfully in the way they reached their decision.
It was not appropriate to say that the population in general would "have difficulty" obtaining medicines, he said, they would have to give clear details on exactly who would be disadvantage.
Ms Craig said: "I am delighted that the Judicial Review has entirely vindicated my position. The judgment is crystal clear - NHS Grampian has acted unlawfully, both in the way it has chosen to apply the regulations and also in the unfair procedure they followed.
"The past two or three years have been incredibly difficult, but my hope is that I can now press ahead with providing a high quality, full pharmaceutical care service to the people of the area."
NHS Grampian will now have to review their decision.
Campaigner Chris York said: "I'm very worried for patients. We know we will lose the surgery which has only just opened again in Tarves, and we know that it will be harder for patients to get there medication.
"It's not the end of the story. The judge hasn't said you have to close the dispensary; he's ruled that NHS Grampian have to review their decision again on the basis that he has outlined. So we have to wait and see what NHS Grampian decide."
A spokeswoman for NHS Grampian said: "We are studying the decision in detail and will seek advice on what action is required."
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