The Pharmaceutical Journal
Vol 276 No 7384 p74
21 January 2006

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· Vitamin D and Cancer
· Animals in testing
· Out-of-hours services
· Medicines use reviews
· Prescribing
· NEL LPC
· Pharmacy workforce
· Overseas pharmacists
· Statutory Committee

Letters to the Editor

Statutory Committee

Why is the chairman unable to award costs?

From Mr J. Blake, MRPharmS

I noted the decision of the Statutory Committee to take no action against a pharmacist who was alleged to have supplied a patient with the wrong medicine (PJ, 10 December 2005, p728). I was concerned that “the chairman had no power to make any order for the award of costs or even to entertain such an application”.
Does this mean that any pharmacist who finds himself on the wrong side of the the Statutory Committee and is later absolved of guilt has no redress for any of the court costs? Barrister Jeffrey Jupp indicated “an awful lot of money” on the part of his client, and his insurers had to be paid.
I realise that any costs incurred would, in the end, have to be borne by members of the Royal Pharmaceutical Society by way of increased retention fees. But surely that it what insurers are for?

John Blake
Caleta de Vélez, Malaga, Spain

MANDIE LAVIN, director of fitness to practise and legal affairs, responds: We are unable to comment on the particular circumstances that may have arisen in this specific case but can comment on costs issues as a matter of principle.

Lord Fraser, the chairman of the Society’s Statutory Committee, is unable to award costs because there is no costs jurisdiction within the current legislative provisions. This is a position which is shared with other health care regulators such as the General Medical Council and the Nursing and Midwifery Council. The Society has a rigorous costs recovery policy in cases that progress through the courts and at all times seeks to safeguard the interests of justice in all its proceedings.

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