Published Tuesday, 07 February 2012
A High Court judge has refused to quash a controversial new drug tariff. (© UTV)
Mr Justice Treacy resisted fresh attempts to have the funding arrangements completely scrapped - despite previously ruling that health chiefs failed to carry out proper consultation or a sufficient regulatory impact assessment.
Lawyers for a body which represents more than 500 chemists warned on Tuesday that many were in financial crisis and face the threat of closure.
However, a Department of Health barrister claimed getting rid of the drug tariff would result in "catastrophic administrative difficulties".
In December, Community Pharmacy Northern Ireland (CPNI) won a judicial review it brought over the new remuneration and reimbursement procedures put in place in April 2011.
The body argued that the cutbacks were too severe and lacking in fair and reasonable prices and fees.
Chemists across Northern Ireland have been badly hit and are struggling to stay open, it said.
Following the ruling both sides returned to the High Court on Tuesday to deal with remedies in the case.
Nicolas Hanna QC, for CPNI, urged the judge to make a quashing order, but to suspend it in an attempt to encourage the Department to try to reach a resolution with his "desperate" clients.
"Pharmacists here today are really suffering and are at the brink of closure in some cases," he said.
Mr Hanna said many were struggling to pay tax bills, being forced into laying off staff, and being refused credit by wholesalers and the banks.
"There is very serious distress here," he added.
Quashing the drug tariff was only being sought as a last resort, the court was told.
However, Tony McGleenan QC, for the Department, contended that such an order was not merited for procedural failings.
"There will be catastrophic administrative difficulties if the court quashes the drug tariff," he predicted.
Mr McGleenan pointed to shifts in drugs patenting as part of his argument.
He added: "It's too blunt a tool to quash the tariff given the complexities of the pharmaceutical products economy in Northern Ireland."
Following submissions Mr Justice Treacy confirmed his earlier findings but declined to make a further declaration.
He also awarded legal costs to CPNI.