Tarves Health Ltd, petitioner

Judicial review – Pharmaceutical services. Court of Session: In judicial review proceedings in which the owners of a pharmacy challenged a health board's decision authorising a medical group to provide dispensing services to all its registered patients residing in certain communities, the court held that the challenge was not barred by mora, taciturnity and acquiescence, and the decision was unlawful because the respondents misdirected themselves as to the proper construction and application of paragraph 44 of Sch 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 and because the review and decision-making processes were conducted in a manner which was procedurally unfair to the petitioners.

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