The resale price maintenance case, which was being heard at the Restrictive Practices Court, has been suspended after an order was made on November 21 for the current three-member panel to be dismissed and a new panel appointed. It may take up to six months to appoint a new panel and reschedule the case.
The Community Pharmacy Action Group made a formal application for the removal of one of the two lay members of the panel hearing the case. It did so after learning that Dr Penelope Rowlatt, the economist member of the panel, had inquired about a job at Frontier Economics at the beginning of November, after the start of the RPM case. Frontier Economics has provided evidence and advice to the Office of Fair Trading in its bid to have RPM on over-the-counter medicines overturned. One of the directors of the company is giving evidence personally to the court.
According to the CPAG, Dr Rowlatt's actions indicated that she did not have, or would not be seen to have, the necessary independence of mind essential to ensure that the case was given a fair hearing. The Restrictive Practices Court rejected the application for Dr Rowlatt's removal but the application was upheld by the Court of Appeal. The appeal court ruled that the entire panel should be dismissed and hearing evidence for the case restarted.
The Restrictive Practices Court consists of three members: a judge and two lay members. All are of equal standing. Dr Rowlatt, an economist, was sitting with Mr Justice Lightman and Mr James Scott, an accountant. Now a new judge, economist and accountant will need to be found, together with sufficient courtroom time. The CPAG's lawyers believe that this could take as long as six months to arrange.
Mrs Sheila Kelly (executive director, Proprietary Association of Great Britain) told The Journal on November 22 that during the first sessions of evidence she had felt uneasy that the judge had not called any practising community pharmacists to give evidence. The case was all about community pharmacy, she said. The new panel would be able to decide for itself what evidence to hear and which expert witnesses to call.