ARB v IVF Hammersmith Ltd: QBD 6 Oct 2017

The claimant, father of a child born by artificial insemination from a frozen embryo, alleged that the signature on the form of consent had been forged.

Judges:

Jay J

Citations:

[2017] EWHC 2438 (QB), [2017] WLR(D) 640

Links:

Bailii, WLRD

Statutes:

Human Fertilisation and Embryology Act 1990

Jurisdiction:

England and Wales

Torts – Other, Health Professions

Updated: 21 January 2023; Ref: scu.598438

Rycroft, Regina (on The Application of) v The Royal Pharmaceutical Society of Great Britain: Admn 10 Nov 2010

The Claimant challenged by way of judicial review decisions of the Defendant’s Registrar to refer allegations made against the Claimant to the Defendant’s Investigating Committee.

Judges:

Wyn Williams J

Citations:

[2010] EWHC 2832 (Admin), [2011] Med LR 23

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 20 December 2022; Ref: scu.425900

Ahmet, Regina (on the Application Of) v Secretary of State for Health: Admn 10 Jun 2005

The applicant sought cancellation of an alert issued by the respondent as to the thereat posed by his medical practice. The alert was issued without prior notification to him. Though complaints were penidng against him, no decsision had been made to supend him from practice as a registered general nurse.
Held: The issue of an alert was a serious step. The alert had been maintained because of the pending investigation and complaint. The professional body had decided not to suspend the comaplainant, and the Doctor who had decided to continue the alert had failed properly to allow for this. The deicision first to issue the notice had been correct. The decision later not to quash it was plainly wrong, and it should be reconsidered.

Judges:

Bean J

Citations:

[2005] EWHC 1358 (Admin)

Links:

Bailii

Statutes:

Nurses, Midwives and Health Visitors (Professional Conduct) Rules 1993

Jurisdiction:

England and Wales

Citing:

CitedRegina v Regional Director of Public Director (Health?) ex parte X 29-Jun-2000
(name?) An alert letter issued by the Department of Health as to the unsafety of a practioner may clearly be ‘gravely prejudicial to a practitioner seeking employment’. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 20 December 2022; Ref: scu.228218

Regina v Yorkshire Regional Health Authority Ex Parte Suri, Regina v Same Ex Parte Gompels Etc: CA 5 Dec 1995

Effect of move of pharmacy is one of fact and degree for Health Authority to decide. Move of pharmacy question of geography not topography – effect on other pharmacies.

Citations:

Times 05-Dec-1995, Ind Summary 18-Dec-1995

Statutes:

National Health Service (Pharmaceutical Services) Regulations 1992

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Yorkshire Health Authourity ex parte Suri; Regina v Same ex parte Gompels (D and M) QBD 18-Jul-1994
Pharmacists list membership was dependant on the effect on the entire population, and not the patient population. A relocation within same neighbourhood was a question of fact not by ‘patient populations’. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 09 December 2022; Ref: scu.88359

Evans, Regina (on The Application of) v HM Coroner for Cardiff and The Vale of Glamorgan: Admn 3 Dec 2010

The claimant nurse sought judicial review of a finding by the coroner of an unlawful killing after the administration by the claimant to the deceased of a tenfold overdose of medication.

Judges:

Wilkie J

Citations:

[2010] EWHC 3478 (Admin), [2010] Inquest LR 217

Links:

Bailii

Jurisdiction:

England and Wales

Coroners, Health Professions

Updated: 09 December 2022; Ref: scu.443287

Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses.
Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all reasonable precautions etc. was not available against offences under the Regulations. The request for a review was very much out of time, and was in any event hopeless. The offences were such that they were properly considered misconduct by the Council. The applicant had failed to acknowledge his own personal responsibility for the acts of those he employed, and the appeal was dismissed.

Judges:

Pill LJ, Maurice Kay LJ

Citations:

[1998] EWHC Admin 624

Links:

Bailii

Statutes:

Nurses Midwives and Health Visitors Act 1979 13, Registered Homes Act 1984 18, Nursing Homes and Metal Nursing Homes Regulations 1984 12 15, Supreme Court Act 1981 31(6)

Jurisdiction:

England and Wales

Citing:

See alsoBalamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting Admn 18-Jul-1997
The applicant complained of having been struck off the register of nurses. He said that when he told the court that he wanted to appeal he was sent forms appropriate for a judicial review. He amended and submitted them. In correcting him, the court . .
CitedRegina v The Professional Conduct Committee of the United Kingdom Central Council ex parte Wood and Thompson Admn 19-Feb-1993
The applicant sought to appeal against findings of professional misconduct as a nurse.
Held: Buckley J set out what was meant by a rehearing within the rules governing the Council’s disciplinary procedures: ‘Rehearing is to be understood as it . .

Cited by:

See AlsoBalamoody v UKCC for Nursing Midwifery and Home Visitors EAT 15-Oct-1999
The claimant had complained that a decision of the respondent to cancel his nursing home registration was unlawful racial discrimination. He now appealed a decision to strike out his claim as vexatious and frivolous.
Held: It was not clear . .
See AlsoBalamoody v UkCC for Nursing Midwifery and Home Visitors EAT 5-Dec-2000
The claimant’s claim of unlawful race discrimination had been dismissed as an abuse of process by the EAT. The Tribunal now considered whether the EAT had power to make such a decision.
Held: The 1993 Regulations were more generous to . .
See AlsoBalamoody v United Kingdom Central Council for Nursing CA 14-May-2001
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him . .
See AlsoBalamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting CA 6-Dec-2001
The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 09 December 2022; Ref: scu.138745

General Medical Council v British Broadcasting Corporation: CA 10 Jun 1998

Consideration was given to the position of the Professional Conduct Committee of the General Medical Council as constituted. The committee exercised disciplinary powers over registered medical practitioners. For the purposes of contempt of court, proceedings before the professional conduct committee of the General Medical Council were not a court which was accordingly not entitled to control reporting.

Judges:

Stuart-Smith, aldous, Robert Walker LJJ

Citations:

Gazette 24-Jun-1998, Times 11-Jun-1998, [1998] EWCA Civ 949, [1998] 3 All ER 426, [1998] 1 WLR 1573

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Metcalf, Denton, Foster 26-May-2021
Public Inquiry is not In the Course of Justice
(Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media, Health Professions

Updated: 09 December 2022; Ref: scu.144428

In Re A (A Minor) (Disclosure of Medical Records to GMC): FD 21 Aug 1998

Applications by the General Medical Council for court records in order to pursue professional misconduct proceeding, should follow new routine of having two court hearings, ex parte appointment and on notice rather than previous three stages system.

Citations:

Times 21-Aug-1998, [1998] 2 FLR 641

Jurisdiction:

England and Wales

Citing:

DisapprovedRe AB (Child Abuse: Expert Witnesses) FD 1995
. .

Cited by:

CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 09 December 2022; Ref: scu.81623

Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981

Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and material interference with the right to continue to exercise the medical profession. The fact that suspension was temporary did not prevent its impairing that right; in the ‘contestations’ (disputes) contemplated by Article 6.1 the actual existence of a ‘civil’ right may, of course, be at stake but so may the scope of such a right or the manner in which the beneficiary may avail himself thereof.’

Citations:

7238/75, 6878/75, (1981) 4 EHRR 1

Statutes:

European Convention on Human Rights 6(1)

Jurisdiction:

Human Rights

Citing:

See AlsoLe Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981
The applicants were suspended from practising medicine for three months by the Provincial Council of the Ordre des medecins. They appealed unsuccessfully to the Appeal Council and again unsuccessfully to the Court de Cassation. Dr Le Compte . .

Cited by:

CitedSadler v The General Medical Council PC 15-Jul-2003
(The Committee on Professional Performance of the GMC) The distinction drawn in Krippendorf between a practitioner’s current competence and past performance was not to be taken too far. The purpose of the assessment was not to punish the . .
See AlsoLe Compte, Van Leuven And De Meyere v Belgium ECHR 18-Oct-1982
Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the . .
CitedHammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
See alsoAlbert And Le Compte v Belgium ECHR 10-Feb-1983
Hudoc Violation of Art. 6-1; Just satisfaction reserved . .
See AlsoAlbert And Le Compte v Belgium ECHR 24-Oct-1983
ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. . .
See AlsoAlbert And Le Compte v Belgium (Article 50) ECHR 24-Oct-1983
The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. . .
CitedMalik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
CitedReprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health Professions

Updated: 07 December 2022; Ref: scu.164896

Lewis v Secretary Of State for Health and Another: QBD 18 Sep 2008

‘whether certain documents relating to deceased patients, including their medical records, should be disclosed to a confidential Inquiry co-sponsored by The Secretary of State for Business, Enterprise and Regulatory Reform and The Secretary of State for Health and, if so, upon what terms.’

Judges:

Mr Justice Foskett

Citations:

[2008] EWHC 2196 (QB), [2008] LS Law Medical 559

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Litigation Practice

Updated: 06 December 2022; Ref: scu.341887

Regina v Regional Director of Public Director (Health?) ex parte X: 29 Jun 2000

(name?) An alert letter issued by the Department of Health as to the unsafety of a practioner may clearly be ‘gravely prejudicial to a practitioner seeking employment’.

Judges:

Moses J

Citations:

CO/3584/199, Unreported, 29 June 2000

Jurisdiction:

England and Wales

Cited by:

CitedAhmet, Regina (on the Application Of) v Secretary of State for Health Admn 10-Jun-2005
The applicant sought cancellation of an alert issued by the respondent as to the thereat posed by his medical practice. The alert was issued without prior notification to him. Though complaints were penidng against him, no decsision had been made to . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 06 December 2022; Ref: scu.231066

Ogunsanya and Another v General Medical Council: QBD 11 Jun 2020

Claimants’ CPR Part 8 claim for a declaration (and associated injunctive relief) that the Defendant has no power to investigate the First Claimant pursuant to the Medical Act 1983 (‘the 1983 Act’), in circumstances in which the First Claimant, who is both a registered medical practitioner and a solicitor, was acting in his capacity as a solicitor.

Judges:

Eady J

Citations:

[2020] EWHC 1500 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Legal Professions

Updated: 05 December 2022; Ref: scu.651708

North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013

The Court was asked: ‘Whether a person detained under a provision of the Mental Health Act is, as a matter of public policy or otherwise, prevented from paying for his own care/treatment?’ The claimant had fallen from an ambulance, suffering brain injury leading to his being held in hospital, and the anser to the question would allow a court to fix the damages payable.
Held: There was nothing either in policy or statute law to prevent such an arrangement.

Judges:

Rix, Aikens, Black LJJ

Citations:

[2013] EWCA Civ 471, [2013] PIQR P16, [2013] MHLR 194, [2013] WLR(D) 158, [2014] 1 WLR 111, [2013] 4 All ER 429, (2013) 16 CCL Rep 376

Links:

Bailii, WLRD

Statutes:

Mental Health Act 1983, National Health Service Act 2006

Jurisdiction:

England and Wales

Health Professions

Updated: 05 December 2022; Ref: scu.491876

Cheatle v General Medical Council: Admn 27 Mar 2009

Judges:

Cranston J

Citations:

[2009] EWHC 645 (Admin), [2009] LS Law Medical 299

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedSouthall v The General Medical Council Admn 22-May-2009
The doctor appealed against the erasure of his name from the register of medical practitioners after a finding of serious professional misconduct. There had been earlier similar findings, but based on different allegations.
Held: The doctor’s . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 05 December 2022; Ref: scu.324699

Shiekh, Regina (On the Application of) v General Dental Council: Admn 9 Nov 2007

Citations:

[2007] EWHC 2972 (Admin)

Links:

Bailii

Statutes:

Medical Act 1983 41A

Jurisdiction:

England and Wales

Cited by:

See alsoShiekh v The General Dental Council Admn 16-Jan-2009
The dentist had been accused of participating in a fraud involving making false claims for travel expenses.
Held: The allegation was insufficient to justify suspension of the dentist’s registration. Davis J said: ‘It is a very serious thing . .
CitedBradshaw v General Medical Council Admn 4-Jun-2010
The doctor sought to end an order temporarily suspending his registration. He had been accused of dishonesty in his practice records, and of making false allegations against a fellow doctor. The suspension was pending the hearing. He was undergoing . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 05 December 2022; Ref: scu.331117

Saeed v Royal Wolverhampton Hospitals NHS Trust: 2000

Judges:

Gage J

Citations:

[2000] Lloyd’s Rep Med 331

Jurisdiction:

England and Wales

Citing:

PreferredKramer v South Bedforshire Health Care Trust ChD 16-Oct-1995
It was for the Trust employer to decide which kind of disciplinary proceedings to institute. Absent bad faith or Wednesbury unreasonableness, the employer’s decision on categorisation was final. There can be no reason otherwise to include in the . .

Cited by:

Appeal fromDr Mohammed Saeed v Royal Wolverhampton Hospitals NHS Trust CA 20-Dec-2000
Where disciplinary proceedings were contemplated against an employee who might be subject to alternative contractual and professional complaints procedures, the employer must look to the contract to decide which procedure was to be followed. If the . .
Lists of cited by and citing cases may be incomplete.

Employment, Health Professions

Updated: 05 December 2022; Ref: scu.182502

Operation Holdings Ltd (T/A Goldcare Homes), Regina (on The Application of) v The Secretary of State for The Home Department: Admn 3 Sep 2019

Appeal from revocation of sponsorship licence

Judges:

Miss Alison Foster QC sitting as a Deputy Judge of the High Court

Citations:

[2019] EWHC 3884 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Health Professions

Updated: 04 December 2022; Ref: scu.651350

Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings before the Employment Tribunal by virtue of section 120 of the 2010 Act.
Held: The GMC’s appeal failed. Judicial review in the context of the present case is not in the nature of an appeal. Nor is it a remedy provided by reason of an enactment.

Judges:

Baroness Hale of Richmond PSC, Lord Mance DPSC, Lord Kerr of Tonaghmore;, Lord Wilson, Lord Hughes JJSC

Citations:

[2017] UKSC 71, [2017] 1 WLR 4193, (2018) 159 BMLR 1, [2018] 1 All ER 463, [2018] ICR 49, [2018] IRLR 60, [2017] WLR(D) 734, UKSC 2016/0084

Links:

Bailii, WLRD, SC, SC Summary, SC Summary Video, SC 2017 07 04 am Video, SC 2017 07 04 pm Video, Bailii Summary

Statutes:

Equality Act 2010 120(7), Senior Courts Act 1981 31(1)

Jurisdiction:

England and Wales

Citing:

At EATThe General Medical Council v Dickson, Haywood, Dr Michalak EAT 25-Nov-2014
The Claimant complained to an Employment Tribunal that she had been discriminated against by the GMC (a qualifications body). The GMC contended that section 120(7) Equality Act precluded jurisdiction, since judicial review afforded an appeal for the . .
See AlsoMichalak, Regina (on The Application of) v General Medical Council Admn 22-Jul-2011
Dr M sought judicial review of a decision by the respondent to continue its investigation of her by the Fitness to Practice panel. That panel, after hearing substantial evidence had to restart on the panel medical member was unable to continue with . .
CitedKennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
CitedPham v Secretary of State for The Home Department SC 25-Mar-2015
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within . .
CitedKeyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
Appeal fromMichalak v The General Medical Council and Others CA 23-Mar-2016
The court considered the remedies and routes of appeal available to individuals who claim to have suffered from discrimination, victimisation, harassment or detriment in the treatment that they have received from a qualifications body. In . .
CitedKhan v General Medical Council CA 11-Apr-1994
The appellant’s application for full registration as a qualified medical practitioner had been refused by the GMC after a five-year maximum period of limited registration. His application for full registration in accordance with section 25 of the . .
CitedTariquez-Zaman v General Medical Council EAT 20-Dec-2006
EAT Race Discrimination – Discrimination by other bodies
Practice and Procedure – Amendment
(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the . .
Dictum disapprovedJooste v General Medical Council and Others EAT 4-Jul-2012
EAT RACE DISCRIMINATION – Indirect
PRACTICE AND PROCEDURE
Appellate jurisdiction/reasons/Burns-Barke
Costs
The Employment Judge correctly struck out the Claimant’s claims as having no . .
CitedThe Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
CitedCart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
CitedAssicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
CitedDatec Electronics Holdings Ltd and others v United Parcels Services Ltd HL 16-May-2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . .
CitedIn re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .

Cited by:

CitedHaralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Judicial Review

Updated: 04 December 2022; Ref: scu.598455

Primary Health Investment Properties Ltd and others v Secretary of State for Health and others: Admn 24 Mar 2009

Challenge to the dispute resolution procedure adopted under the NHS (Personal Medical Services Agreements) Regulations 2004 (and applied in this case by agreement between the Doctors and the PCT) for determining the ‘current market rent’ of the Premises. In particular, challenge is made to the procedure for resolving the rent dispute between the parties as set out in letters dated 30 July and 14 September 2007 from the Appeal Unit to the Doctors’ surveyor.

Judges:

McCombe J

Citations:

[2009] EWHC 519 (Admin), [2009] LS Law Medical 315, [2009] PTSR 1563, [2009] ACD 57, [2009] NPC 52

Links:

Bailii

Statutes:

NHS (Personal Medical Services Agreements) Regulations 2004

Jurisdiction:

England and Wales

Health Professions

Updated: 04 December 2022; Ref: scu.324658

Legal Remedy UK Ltd, Regina (on the Application Of) v Secretary of State for Health: Admn 22 May 2007

The applicant sought a judical review of a decision to continue with a scheme for recruitment of junior doctors after modification.
Held: The decision making process was a mess. Nevertheless, where the decision at issue involved the balancing of public policy issues in a context involving specialist knowledge, the court had to beware of adopting the role itself of policy maker. The more the deceision appeared to be one of policy, the less likely it was that the court could find an abuse of power.

Judges:

Goldring J

Citations:

[2007] EWHC 1252 (Admin), Times 29-Jun-2007

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 01 December 2022; Ref: scu.253299

Tehrani v Argyll and Clyde Health Board: 1989

Citations:

1989 SC 342

Jurisdiction:

Scotland

Cited by:

See AlsoTehrani for Judicial Review of A Purported Decision of the United Kingdon Central Council for Nursing SCS 25-Jan-2001
. .
CitedDavidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 30 November 2022; Ref: scu.237569

Shiekh v The General Dental Council: Admn 16 Jan 2009

The dentist had been accused of participating in a fraud involving making false claims for travel expenses.
Held: The allegation was insufficient to justify suspension of the dentist’s registration. Davis J said: ‘It is a very serious thing indeed for a dentist or a doctor to be suspended. It is serious in many cases just because of the impact on that person’s right to earn a living. It is serious in all cases because of the detriment to him in reputational terms. Accordingly, it is, in my view, likely to be a relatively rare case where a suspension order will be made on an interim basis on the ground that it is in the public interest.’

Judges:

Davis J

Citations:

[2009] EWHC 186 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See alsoShiekh, Regina (On the Application of) v General Dental Council Admn 9-Nov-2007
. .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 27 November 2022; Ref: scu.311789

Regina v Richardson: CACD 6 Apr 1998

The question was whether a dentist whose right to practice had been suspended was guilty of assault because the apparent consent of a number of patients was vitiated by mistake about her status as a dentist. The dentist had failed to disclose that her right to practice had been suspended. The prosecution argued that the operative mistake was a mistake about the identity of the person performing the act. It was argued that there was no distinction to be drawn between an unqualified person impersonating a dentist and an otherwise qualified dentist whose right to practice had been suspended.
Held: A dentist who was no longer qualified to practice, but who obtained consent of patients to treatment, in ignorance of that loss of qualification, did not thereby commit the offence of assault on the patient even though it was professionally reprehensible.
There was: ‘no basis for the proposition that the rules which determine the circumstances in which consent is vitiated can be different according to whether the case is one of sexual assault or one where the assault is non-sexual. The common element in both these cases is that they involve an assault, and the question is whether consent has been negatived. It is nowhere suggested that the common law draws such a distinction. The common law is not concerned with the question whether the mistaken consent has been induced by fraud on the part of the accused or has been self-induced. It is the nature of the mistake that is relevant, and not the reason why the mistake has been made. In summary, either there is consent to actions on the part of a person in the mistaken belief that he was other than he truly is, in which case it is assault or, short of this, there is no assault.
In essence, the Crown contended that the concept of the ‘identity of the person’ should be extended to cover the qualifications or attributes of the dentist on the basis that the patients consented to treatment by a qualified dentist and not a suspended one. We must reject that submission. In all the charges brought against the defendant the complainants were fully aware of the identity of the defendant. To accede to the submission would be to strain or distort the everyday meaning of the word identity, the dictionary definition of which is ‘the condition of being the same”.

Citations:

Gazette 29-Apr-1998, Times 06-Apr-1998, [1999] QB 444

Statutes:

Offences against the Person Act 1861 47

Jurisdiction:

England and Wales

Cited by:

CitedMonica, Regina (on The Application of) v Director of Public Prosecutions Admn 14-Dec-2018
Deception as to identity did not undermine consent
The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape.
Held: Her claim failed. Case . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Crime

Updated: 25 November 2022; Ref: scu.88595

Gupta v Northampton Hospital NHS Trust: QBD 21 Apr 2021

Application for an interim injunction brought by the claimant, a consultant oncologist, against the NHS trust which employs him following his exclusion from work pending the outcome of an investigation into allegations of misconduct. The claimant seeks an order requiring the defendant to reinstate him and prohibiting the defendant from contacting or sharing information with the claimant’s private work providers or other employers. The defendant opposes the application.

Judges:

Mrs Justice Yip

Citations:

[2021] EWHC 965 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 25 November 2022; Ref: scu.662145

Quirk v Burton Hospitals NHS Trust Secretary of State for Health: EAT 4 Dec 2000

The Appeal tribunal upheld the refusal of an employment tribunal to grant the applicant a declaration that he was entitled to retire at 55 with the same superannuation terms as had female nurses also retiring at that age.
EAT Sex Discrimination – Direct

Judges:

His Honour Judge Peter Clark

Citations:

Times 19-Feb-2002, EAT/1031/99

Statutes:

National Health Service (Superannuation) Regulations 1980 (1980 No 362)

Jurisdiction:

England and Wales

Discrimination, Health Professions

Updated: 25 November 2022; Ref: scu.171968

General Medical Council v Sheill: Admn 30 Nov 2006

Judges:

Crane J

Citations:

[2006] EWHC 3025 (Admin)

Links:

Bailii

Statutes:

Medical Act 1983 41A

Jurisdiction:

England and Wales

Cited by:

See AlsoSheill v The General Medical Council Admn 4-Dec-2008
. .
CitedBradshaw v General Medical Council Admn 4-Jun-2010
The doctor sought to end an order temporarily suspending his registration. He had been accused of dishonesty in his practice records, and of making false allegations against a fellow doctor. The suspension was pending the hearing. He was undergoing . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 24 November 2022; Ref: scu.246754

Obukofe v General Medical Council: Admn 2014

medical practitioner appealed against the direction of a Fitness to Practise Panel of the GMC to extend for one year the period, also of one year, for which he had originally been suspended from practice. He had received suspended sentences of imprisonment following convictions for sexual assault on two junior members of staff at the hospital where he had worked. Popplewell J dismissed his appeal. One of the grounds of appeal was that the direction for extension violated the principle of double jeopardy, saying:

The imposition of a further sanction by way of an extension of the period of suspension depends upon an assessment of his fitness to practise at that later stage. No question of double jeopardy arises.’

Judges:

Popplewell J

Citations:

[2014] EWHC 408 (Admin)

Jurisdiction:

England and Wales

Cited by:

CitedKhan v General Pharmaceutical Council SC 14-Dec-2016
The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension.
Held: The different appeals of both the . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 24 November 2022; Ref: scu.631560