Why the pharmacy cuts case focused on sandwiches and shampoo
After three days of evidence, revelations and "spiky" exchanges, C+D picks out the most memorable moments in the NPA and PSNC's legal challenge to the funding cuts in England.
1) The "insider" revelation
On the first day of proceedings, the High Court was presented with a heavily redacted 53-page government document, which revealed that senior Department of Health (DH) officials were advised about pharmacy's financial situation by an unknown sector insider in July 2015.
The minutes from the meeting describe the insider as having "experience of buying, selling and managing pharmacy businesses".
Community pharmacist Chris Mckendrick called for the full un-redacted document – and the name of the sector insider – to be made public.
"How can redacted documents mean 'full disclosure'?" he asked on the C+D website.
Read the full story here.
Handed industry insider document in court. Large amount redacted. DH warned to expect backlash. #CutsInCourt
— Annabelle Collins (@CandDAnnabelle) March 21, 2017
The DH met an insider who suggested pharmacies were excessively profitable. #CutsInCourt
— Annabelle Collins (@CandDAnnabelle) March 21, 2017
According to insider doc operating a 100 hour pharmacy is only viable if you have revenue of £1m. Hope to bring more insights #CutsInCourt
— Annabelle Collins (@CandDAnnabelle) March 21, 2017
2) Prime Minister was "concerned" about pharmacy funding cuts
Day two and another – as the National Pharmacy Association's (NPA) Stephen Fishwick described – "sensational document" comes to light. This time a letter from chancellor Philip Hammond to Theresa May, reassuring her over the funding cuts.
According to the letter – which can be read here – the Prime Minister was “concerned about the cuts and their potential effects on small and medium-sized enterprises”.
Find out how Mr Hammond convinced Ms May here.
The Chancellor wanted to see a move away from bricks and mortar pharmacies. C+D has seen the letter #cutsincourt https://t.co/A8qRubaOma
— Annabelle Collins (@CandDAnnabelle) March 22, 2017
This letter's one of the docs I've wanted to share forever - Chancellor Hammond misleading PM May over #pharmacycuts https://t.co/bRKN3aHy2h
— Andrea James (@HealthRegLawyer) March 22, 2017
Chancellor weighs in. Gov spends too much on pharmacy #cutsincourt
— Annabelle Collins (@CandDAnnabelle) March 22, 2017
Watch Mr Fishwick summarise the NPA's reaction to this letter here.
This comment, made by the DH's lawyer James Eadie on the final day of proceedings, certainly caused a reaction on Twitter, and even prompted an outburst from one court attendee.
JE: The specialist pharmacist 'lurks at the back' and their others in the pharmacy do shampoo #CutsInCourt
— Annabelle Collins (@CandDAnnabelle) March 23, 2017
DL: the notion that trained pharmacists spending time selling shampoo is not part of evidence in this case #CutsInCourt
— Annabelle Collins (@CandDAnnabelle) March 23, 2017
@CandDAnnabelle Disgraceful.
— Allisons Chemist (@AllisonsChemist) March 23, 2017
@CandDAnnabelle Disgraceful statement. They've obviously not visited a Pharmacy recently.
— WLNP (@WidnesPharmacy) March 23, 2017
@CandDAnnabelle WHAT!!!
— Steve Churton (@SteveChurton) March 23, 2017
@CandDAnnabelle @ElizabethDunn @a_brooksy @petramcnulty
— thisIStheafterlife (@SavingTheNHS) March 23, 2017
Lurking. Yes. That was most of my training. Really cost effective and socially helpful lurking.
4) A "fag packet" plan for pharmacy
While otherwise reserved, the Pharmaceutical Services Negotiating Committee's (PSNC) lawyer Alison Foster's description of the government's ill-conceived plans for the sector was used on a couple of occasions during the week.
AF: instead what's happened is the SOS ended up with material that was deeply fragile - 'a ministerial fag packet' #CutsInCourt
— Annabelle Collins (@CandDAnnabelle) March 21, 2017
Quote of the day so far must be PSNC Counsel describing @Jeremy_Hunt plan for community pharmacy as a "back of a Ministerial fag packet" job
— Andrea James (@HealthRegLawyer) March 21, 2017
Another reference to the ministerial fag packet #CutsinCourt
— Annabelle Collins (@CandDAnnabelle) March 22, 2017
5) "Spiky" exchanges
Court attendees suggest that at times the exchanges between judge Justice Collins and Mr Eadie became a little heated...
JE: Government should be allowed to govern.
— Mike Hewitson (@MikeHewitson1) March 22, 2017
JC: "us unelected judges" he jokes. JE is embarrassed "that was not what I was suggesting".
JC says full information wasn't given #CutsInCourt
— Annabelle Collins (@CandDAnnabelle) March 22, 2017
JE trying to box judge in on what is being asked.
— Mike Hewitson (@MikeHewitson1) March 22, 2017
JE: still arguing about 'what is the legal test'. Hard legal argument to follow as a layman! #CutsInCourt
— Annabelle Collins (@CandDAnnabelle) March 22, 2017
Is JE on the back foot, being quite combative with Mr Justice Collins.
— Mike Hewitson (@MikeHewitson1) March 22, 2017
JC into a bit of a spiky exchange with Eadie.
— Mike Hewitson (@MikeHewitson1) March 22, 2017
James Eadie and Judge are going head to head over specific point of being in possession of information #CutsInCourt
— Annabelle Collins (@CandDAnnabelle) March 22, 2017
6) #Sandwichgate
Mr Eadie's attempt to suggest that pharmacies don't just provide health services – by exclaiming "Boots in Waterloo sells sandwiches" – sparked some comic reactions on Twitter:
Defence keeps referring to pharmacy's retail offering.
— Annabelle Collins (@CandDAnnabelle) March 23, 2017
'Boots in Waterloo sells sandwiches'. #CutsInCourt
@CandDGrace @ChemistDruggist That comment was hard to swallow!#PunsInCourt
— Xrayser (@Xrayser) March 23, 2017
@blmerriman @NPA1921 @PSNCNews Built on sandwich do you mean?
— Allisons Chemist (@AllisonsChemist) March 23, 2017
@AllisonsChemist @NPA1921 @PSNCNews It'd be a pitta if the decision was to go against us
— Ben Merriman (@blmerriman) March 23, 2017
What next?
And that's the end. Court dismissed. Judgment predicted week of April 3. #CutsInCourt
— Annabelle Collins (@CandDAnnabelle) March 23, 2017
Watch C+D's deputy news editor Annabelle Collins wrap up the three days in court here
And finally...
My reaction to the pharmacy #CutsInCourt case that focused on sandwiches and shampoo
— Kristoffer Stewart (@CandDKristoffer) March 24, 2017
Read more here: https://t.co/yYVxdISS7b pic.twitter.com/An7ww8jdek
What do you think the outcome of the High Court hearing will be?