Lord Sandison made the ruling at the Court of Session and barring any further legal challenges, the new pharmacy will open in the near future.

Residents in Monkton are celebrating an important legal victory that could finally see a new community pharmacy open up in the Ayrshire village.

Ayrshire Live previously told how the villagers were left dismayed by the news that the opening of a new community pharmacy was to be further delayed.

Burns Pharmacy Ltd (Toll Pharmacy) lodged an objection to NHS Ayrshire & Arran extending the initial period of time for a local resident, Sean Manson, to open the new Monkton Pharmacy- by a period of two months.

It left the 1100 or so villagers without a dedicated community pharmacy within the village.

The long running saga dates back to October 2017 when Mr Manson first applied to be included in Ayrshire & Arran Health Board’s provisional pharmaceutical list.

Monkton Community Council even took the rare step of issuing a statement earlier this year as the ‘David versus Goliath’ issue headed to the courts, saying at the time: “This is the third time appeals have been made to the courts objecting to various issues regarding the opening of a community pharmacy in Monkton, the initial one involving other pharmacies, but all involving Burns Pharmacy at the Toll, in Prestwick.”

Initially, there was a successful application by Mr Manson for a community pharmacy heard at the Pharmacy Committee on November 2, 2021 and supported by Monkton Community Council. This was unsuccessfully appealed by Burns Pharmacy – and other firms.

Then, following the unsuccessful appeal, Burns Pharmacy made another legal challenge by way of the Judicial Review process, which did not succeed either.

The firm then made a further attempt, petitioning for a fresh legal challenge by way of a second Judicial Review, citing a ‘procedural issue.’

The latest calling of the case took place at the Court of Session, where Lord Sandison denied Burns Pharmacy Ltd’s petition to rule that the extension of the initial period of time for the pharmacy opening had been ‘unlawful.’

Now it seems, barring any fresh appeal to the courts, that a new pharmacy serving the village will become a reality- and based at the old school.

Chairperson of Monkton Community Council, Harry Middleditch, said: “This is a big boost to Monkton. They (Burns Pharmacy) tried everything. Money has come out the NHS (to defend this court case) and you have to ask the question what were Burns Pharmacy trying to achieve with this? They have numerous chemists, so at what point do you say ‘we have everything.’ With all the spurious legal claims they have denied us a local pharmacy, it’s been terrible.”

Harry continued: “The new pharmacy cannot open until the 21 day appeal time has elapsed. This firm (Burns Pharmacy) has done everything to try to stop this from opening.

“Sean Manson’s been haemorrhaging money fighting this but the place has been kitted out, It’s 90 per cent complete.”

Lord Sandison said in his opinion: “The opening of a pharmacy is a highly regulated affair and the petitioner made various attempts within the applicable legal framework, over a period of several years, to prevent the necessary permissions being granted to Mr Manson, or to attack the validity of such permissions as have been granted.

“By the present petition it seeks to have the court reduce as unlawful what it characterises as a ‘unilateral extension’ of time given to Mr Manson by the respondent Health Board as part of the application process to open a new pharmacy, together with consequent and ancillary orders.”

He added: “Following on from the earlier judicial review brought by the petitioner, it was settled that the relevant authorities had concluded, and were entitled to conclude, that pharmaceutical services in Monkton were presently inadequate and that the pharmacy Mr Manson proposed to open was necessary to remedy that inadequacy.

“The petitioner had not offered to prove that the situation on the ground in Monkton had changed in any respect. The opening of Mr Manson’s pharmacy would therefore be a direct and immediate good for the people of Monkton.

“In the present case, there was a clear and obvious explanation for the extension of time. The delays in the present case occurred in good faith. Mr Manson was stymied from opening the pharmacy, as planned, due to the petitioner’s actions. The delay was not lengthy and was understandable given the delays associated with the previous unsuccessful litigation by the petitioner.”

Craig McArthur, East Ayrshire Health and Social Care Partnership Director, said: “Due to the ongoing legal proceedings it would be inappropriate for us to comment further at this time.”

Burns Pharmacy Ltd was contacted for a response. They declined to comment.