Main menu

Liverpool:

+44 (0)151 600 3000

Manchester:

+44 (0)161 836 8800

Preston:

+44 (0)1772 823 921

Search form

Search form

A B C D E F G H I J K L M N O P R S T V W Y

Articles

New dispensing error legislation is a step forward in protecting pharmacists but is no panacea, says Richard Hough.

After a seemingly interminable wait, the Privy Council has finally approved legislation, which, once adopted, will introduce new defences to what most pharmacy practitioners rightly regard as unwanted, unnecessary and outdated criminal offences concerning dispensing errors that were first introduced into English law 50 years ago under the Medicines Act 1968.

Richard Hough explores the mooted reforms to professional regulation.

Towards the back end of last year, the Department of Health published its consultation on the Government’s plan to reform UK healthcare professional regulation. The consultation poses a variety of questions on the future of healthcare regulation and covers the central themes of protecting the public through more responsive and efficient regulation.

Christian Louboutin is famous for the distinctive red sole of his high-heeled shoes, but a new opinion in an on-going trademark infringement case shows just how complicated protecting unconventional marks can be.

The underlying case

Louboutin holds a Benelux trade mark for a red sole on high heels (the Benelux mark). Though registered as a figurative mark, the registration seeks to protect the application of a particular red colour to the sole of high-heeled shoes.

Background

The Crown Commercial Service has re-issued a Procurement Policy Note addressing the impact that GDPR will have on the public procurement process. The note includes action points for contracting authorities, model data processing clauses and some additional guidance points on how to integrate GDPR compliance into the procurement process going forwards.

One key point to note is that the note takes effect immediately, so many of the actions and changes outlined below will be seen in procurement processes long before May.

The long awaited government proposals have been published today following the Matthew Taylor review of employment practices in the modern economy published in July 2017. As predicted, reactions have been mixed.

"The government’s good work plan is no good, it won’t work and it isn’t a plan", says UNISON. TUC General Secretary Frances O'Grady added: "The government has taken a baby step - when it needed to take a giant leap.

Background

Usually, where a contract imposes an obligation on one party to do something, that obligation will be absolute. In a simple sale contract for example, the obligations of the seller to deliver the goods and of the buyer to pay the purchase price in return will generally be absolute. If the obligation is not performed, the relevant party will be in breach of contract.

Good faith

Good faith is a legal concept that encompasses a variety of elements, including honesty, integrity, fair dealing, and sticking to the terms of a bargain that has been agreed. It has long been accepted that there is no general duty of good faith that applies to contracts under English law. That is to say, when parties are negotiating with each other, or are performing their various obligations under a contract, they are not necessarily required to act in accordance with the principles that make up good faith.

When it comes to FTP hearings, a recent Supreme Court decision is likely to make decisions about dishonesty a lot easier, says Richard Hough.

A recent Supreme Court decision is likely to impact the rules on the test for dishonesty, which is applied in General Pharmaceutical Council (GPhC) fitness to practise (FTP) hearings. For pharmacists accused of dishonesty, the recent decision may mean that such a finding will be more easily made.

On 18 December 2017, the European Commission set out the new minimum financial thresholds for contracts caught by the application of EU public procurement law. The new thresholds apply from 1 January 2018 and will remain fixed for the next two years.

Richard Hough discusses the consultation on the regulation of unregistered pharmacy staff

Pages