Citations: 1989 SC 342 Jurisdiction: Scotland Cited by: See Also – Tehrani for Judicial Review of A Purported Decision of the United Kingdon Central Council for Nursing SCS 25-Jan-2001 . .Cited – Davidson v Scottish Ministers HL 15-Dec-2005 The complainant a prisoner sought an order that he should not be kept in conditions found to … Continue reading Tehrani v Argyll and Clyde Health Board: 1989
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 opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
Judges: Mr Justice Chamberlain Citations: [2022] EWHC 1584 (Admin) Links: Bailii Statutes: Health and Care Professions Order 2001 31(9) Jurisdiction: England and Wales Health Professions Updated: 19 November 2022; Ref: scu.682465
(Extra Division, Inner House) The reclaimers, Roman Catholic midwives working on a labour ward as co-ordinators, sought to assert a right of conscientious objection under the 1967 Act. The respondents said that only those directly involved in the termination of a pregnancy could assert such a right. Held: The midwives’ appeal succeeded. The Act set … Continue reading Doogan and Another v NHS Greater Glasgow and Clyde Health Board: SCS 24 Apr 2013
The power to make a wasted costs order did not apply only against advocates in court, and not only against the applicant’s own representatives. The test was as to the causing of additional costs. In this case several barristers had been involved at different stages. The defendants asserted that they should have appreciated that there … Continue reading Brown and Another v Bennett and Others (No 2): ChD 16 Nov 2001
The council appealed against what it said was a lenient sentence imposed on a doctor for malpractice. Held: It was relevant to take account of the way criminal courts dealt with appeals against lenient sentences. The test in relation to an appeal would be different depending on whether the appeal is mounted against an excessive … Continue reading Council for the Regulation of Healthcare Professionals v General Medical Council and Dr Solanke: Admn 30 Apr 2004
The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece. Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order applied the Directive. The article 43 right of establishment is mediated through a combination of the very … Continue reading Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties: CA 8 May 2003
Application by the Health Professions Council which seeks an extension of the interim suspension order. Judges: Cranston J Citations: [2008] EWHC 3354 (Admin) Links: Bailii Statutes: Health Professions Order of 2001 Health Professions Updated: 23 July 2022; Ref: scu.293956
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: ‘there were serious flaws at the hearing of 16 March which in my judgment rendered it unfair and … Continue reading Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health: Admn 17 Mar 2006
The court considered applications to join the lists of pharmacies in an area, and the adequacy of current provision. Laws LJ said: ‘What is ‘adequate’ is a question of degree. There is, as it has been described, a spectrum or ‘continuum’ of adequacy. That is, I think, ordinarily a feature of the term ‘adequate’ as … Continue reading Lowe and Others, Regina (on the Application of) v Family Health Services Appeal Authority: CA 26 Jan 2001
Renewed application for permission to appeal. Judges: Longmore LJ Citations: [2001] EWCA Civ 125 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Sanjivi v East Kent Health Authority QBD 19-Dec-2000 A person who applied to the Registered Homes Tribunal, had to be the owner of the home at the time when the order … Continue reading Sanjivi v East Kent Health Authority: CA 25 Jan 2001
The Council sought to refer to the High Court decisions to acquit the doctors of professional misconduct. The doctors argued that the power only existed for lenient sentences. Held: The power to refer for undue leniency included the situation where the committee’s decision to acquit was inadequately founded. The purpose of section 29 was engaged … Continue reading Dr Giuseppe Ruscill, Council for the Regulation of Health Care Professionals v The General Medical Council and Another, The Council for the Regulation of Health Care Profesionals, The Nursing and Midwifery Council, Truscott: CA 20 Oct 2004
(The Health Committee of the GMC) The doctor appealed an order extending his suspension from the medical register for a further period of twelve months. They considered that because of his continuing alcohol problems, he was not fit to practice. He had not complied with requests to be medically examined. When he later co-operated, he … Continue reading Dr Anjaneyulu v The General Medical Council (Appeal No 49 of 2001): PC 19 Dec 2001
There was no power to make an order for wasted costs against a solicitor who had not been acting in a matter when proceedings were issued. Delays eventually led to the dismissal of a medical negligence case for limitation. The defendant authority sought their lost costs against the firm. The true test was whether the … Continue reading Byrne v Sefton Health Authority: CA 22 Nov 2001
(Professional Conduct Committee of the GMC) The appellant appealed an order removing him from the register. The board will not usually be in a position to assess the disciplinary issues heard by the Committee. In this case there were findings of serious failings by the Respondent, but some four years later, he had been able … Continue reading Bijl v The General Medical Council: PC 2 Oct 2001
(Trinidad and Tobago) On a retrial, the defendant’s counsel only became aware that there had been an earlier trial late in the proceedings, and, when he became aware of it, he did not try to obtain the transcript of the first trial in order to assess what could be done to redress any prejudice or … Continue reading Boodram v The State: PC 10 Apr 2001
EAT Race Discrimination – Direct Judges: Miss Recorder Elizabeth Slade QC Citations: EAT/975/99, [2001] UKEAT 975 – 99 – 1907 Links: Bailii, EAT Citing: Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995 The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim … Continue reading Chaudhary v The Senate of the Royal College of Surgeons Of Great Britain and Ireland and Others, NHS Executive Headquarters, Department of Health, NHS Executive North West, The Postgraduate Dean North West Deanery etc: EAT 19 Jul 2001
Where, after a children case has been heard, a party wishes to apply for the release of papers, the application should be made before the judge who had heard the case. To do otherwise left the second judge making a difficult assessment with insufficient direct knowledge of the issues and people involved. Judges: Lord Justice … Continue reading A Health Authority v Dr X and Others: CA 21 Dec 2001
The applicant appealed an order striking out her complaint of race discrimination as hopeless. She sought recognition as a veterinary surgeon. Her claim had been dismissed because, under the section the College exercised a statutory power. She asserted that the regulations gave a wide discretion to the College to exempt individuals from all or part … Continue reading Dr (Mrs) U A Uruakpa v Royal College of Veterinary Surgeons: EAT 18 Jun 2001
(Professional Conduct Committee of the GDC) The procedures of the General Dental Council were in breach of the right to a fair trial, insofar as the same person might both carry out the preliminary stages of an investigation, and later be involved in the hearing of the complaint itself. In this case the chairman had … Continue reading Preiss v General Dental Council: PC 17 Jul 2001
The Board heard an appeal against a final order of suspension for 12 months. It considered Madan’s case. Held: The Board wished to reserve their opinion on the reasoning in the judgments that it was the application of Article 6 which required the IOC to weigh the doctor’s interests against the protection of the public. … Continue reading Choudhary v General Medical Council: PC 2001
There had been an interim suspension by the Interim Orders Committee of the GMC. Counsel for the GMC conceded the application of Article 6. Held: Newman J: ‘For myself, I regard it as highly likely that the interim suspension hearings engage Article 6. I regard the fact that it has not been argued fully as … Continue reading Madan v General Medical Council: Admn 2001
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty. Held: The magistrate had made his decision on the inaccurate material placed before him. … Continue reading Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006
The appellant doctor had been suspended from practice by decision of the respondent. It was alleged that she had allowed her husband, himself a suspended practitioner to consult with patients in breach of that suspension. Having found the allegation proved, she had been suspended immediately, and without the opportunity to make representations. Although the rules … Continue reading Gupta v General Medical Council: Admn 17 Jul 2001
Discrimination – History of interactions relevant When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality of the evidence on any material … Continue reading Dr Anya v University of Oxford and Another: CA 22 Mar 2001
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by then ruined. The authority was criticised scathingly. The Authority replied that no allegation of bad … Continue reading Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009
The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered. Held: When an unsuccessful tenderer for a public contract challenges that award, the issue as to whether … Continue reading Healthcare at Home Ltd v The Common Services Agency: SC 30 Jul 2014
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. Typically the process took many months. Held: The procedure asked only if the employer reasonably considered … Continue reading Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: HL 21 Jan 2009
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. … Continue reading Lawal v Northern Spirit Limited: HL 19 Jun 2003
Application to extend interim suspension. Judges: Newman J Citations: [2007] EWHC 1727 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 31(8) Jurisdiction: England and Wales Health Professions Updated: 04 December 2022; Ref: scu.258408
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
The appellant challenged a finding that her fitness to practice had been impaired by misconduct and the attachment of a conditions of practice order effective for six months. Held: The Panel had applied the correct test. Judges: Wyn Williams J Citations: [2013] EWHC 696 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 21 Citing: … Continue reading Harford v The Nursing and Midwifery Council: Admn 10 Apr 2013
Appeal against decision of Conduct Competence Committee by midwife. Judges: Eder J Citations: [2013] EWHC 586 (Admin), [2013] WLR(D) 132 Links: Bailii, WLRD Statutes: Nursing and Midwifery Order 2001 Jurisdiction: England and Wales Health Professions Updated: 14 November 2022; Ref: scu.471935
The appellants ran a day care nursery regulated under the 2001 Act. The Commission, being concerned at the care provided, sought to revoke the registration in proceedings before the Sherriff’s Court. Before they were concluded, the Commission was dissolved. The transitional provisions appeared inadequate in failing to identify which body was to continue any proceedings, … Continue reading Davies and Another (T/A All Stars Nursery) v The Scottish Commission for The Regulation of Care: SC 27 Feb 2013
Application for extension of interim suspension. Citations: [2007] EWHC 833 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 31(8) Jurisdiction: England and Wales Health Professions Updated: 12 November 2022; Ref: scu.251462
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 GPC and the practitioner were allowed. The review committee’s powers were set out within the … Continue reading Khan v General Pharmaceutical Council: SC 14 Dec 2016
The claimants were involved in a group litigation with regard to the removal of organs without consent from deceased children. The defendant sought an order capping the costs which might be claimed. Held: In GLO cases the desirability of ensuring that costs are kept within bounds makes it unnecessary for the court to require exceptional … Continue reading A B and others v Leeds Teaching Hospitals NHS Trust: QBD 9 May 2003
The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment to allow an appeal against their refusal. Held: The knowledge of prejudicial material was not an … Continue reading Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council: CA 5 Mar 2004
EAT CONTRACT OF EMPLOYMENT – Disciplinary and grievance procedure UNFAIR DISMISSAL – Reason for dismissal including substantial other reason (1) An employee who has been dismissed because of the breakdown of working relationships between himself and his colleagues (irrespective of whether he had been responsible for, or had contributed to, that breakdown) had not had … Continue reading Ezsias v North Glamorgan NHS Trust: EAT 18 Mar 2011
The doctor appealed against a finding against him of professional misconduct in the form of a sexualised examination of a female patient. Held: The reasons given were adequate, and the response of erasure from the register was the only one appropriate in the circumstances. The appeal failed. Judges: Burnett J Citations: [2008] EWHC 2830 (Admin) … Continue reading Mubarak v General Medical Council: Admn 20 Nov 2008
The appellant, a former registered nurse, Miss Christina Christian appealed against an order of the Nursing and Midwifery Council Conduct and Competence Committee to strike her off as a registered nurse and to impose an interim suspension order. The effect of the latter is to suspend the nurse from practice immediately following pronouncement of the … Continue reading Christian v Nursing and Midwifery Council: Admn 19 Feb 2010
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
(Reasons for report) When the Committee of Professional Performance was considering the standard of professional practice of a doctor, the committee should consider his actual record of practice as disclosed from the records of his practice, and should not judge the doctor against hypothetical performance in hypothetical cases. Their duties were not akin to an … Continue reading Dr Manjula Krippendorf v The General Medical Council: PC 24 Nov 2000
Judges: Supperstone QC J Citations: [2009] EWHC 2210 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 31(8) Jurisdiction: England and Wales Health Professions Updated: 22 May 2022; Ref: scu.374734
The Council applied for an extension to the interim suspension order made against the respondent. Held: Though the delay was long, given the nature of the allegations, a further extension should be granted. Judges: Parker J Citations: [2010] EWHC 260 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 Jurisdiction: England and Wales Health Professions … Continue reading Nursing and Midwifery Council, Regina (on The Application of) v Khoulowa: Admn 12 Jan 2010
Judges: Mr Justice Cobb Citations: [2014] EWHC 4291 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 Jurisdiction: England and Wales Health Professions Updated: 29 April 2022; Ref: scu.541608
Judges: Mr Justice Burnett Citations: [2012] EWHC 3404 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 31(8) Jurisdiction: England and Wales Health Professions Updated: 26 April 2022; Ref: scu.471242
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
Application under Article 31(8) of the Nursing and Midwifery Order 2001 for an extension of an Interim Suspension Order made by a panel of the Council’s Practice Committee. Judges: Mr Justice Wilkie Citations: [2010] EWHC 1816 (Admin) Links: Bailii Jurisdiction: England and Wales Health Professions Updated: 18 April 2022; Ref: scu.421053
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015
The appellant nurse challenged refusal of her re-registration after her second conviction for drink driving. Held: The Panel’s decision was not to be faulted. Judges: Sir Terence Etherton MR, Davis, Underhill LJJ Citations: [2017] EWCA Civ 1344 Links: Bailii Statutes: Nursing and Midwifery Order of Council 2001 Jurisdiction: England and Wales Health Professions Updated: 30 … Continue reading Doherty v The Nursing and Midwifery Council: CA 19 Sep 2017
Applicant’s application under Article 31(8) of the Nursing and Midwifery Order 2001, for a nine month extension of an interim order imposed on the respondent to these proceedings, restricting his registration as a nurse. Judges: Mrs Justice Eady Citations: [2020] EWHC 2571 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 Jurisdiction: England and Wales … Continue reading Nursing and Midwifery Council v Coombs: Admn 25 Aug 2020
(Opinion) Reference for a preliminary ruling – Medicines for human use not subject to compulsory medical prescription – Online sale – Advertising for the website of a pharmacy dispensary – Limitations – Obligation to have the patient complete a health questionnaire before the validation of his first order on the website of a pharmacy dispensary … Continue reading AT v Daniel B and Others: ECJ 27 Feb 2020
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege. Held: Legal professional privilege is a fundamental part of ensuring human rights as a right of privacy, and is recognised in European law (A M and S Europe Ltd). A … Continue reading Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002
Appeal against decision of a Fitness to Practise Panel holding that the Appellant’s fitness to practise as a medical practitioner was impaired by reason of his misconduct. It directed that his name be erased from the Medical Register under section 35D of the Act. Acting as a locum at an AandE hospital attending a young … Continue reading TZ v General Medical Council: Admn 17 Apr 2015
Application was made for approval of a compromise of a claim for damages for personal injury for the child. The court now considered whether an order should be made to protect the identity of the six year old claimant. Held: An order should have been made: ‘the following principles should apply: (i) the hearing should … Continue reading MX v Dartford and Gravesham NHS Trust and Others: CA 17 Feb 2015
The claimant who had been dismissed by the defendant, asked the court to find that the defendant had failed to meet its contractual obligations as to the procedure to be followed, and that therefore the court declare the dismissal void. Held: The claim failed. The Trust had in large part followed the procedure rather than … Continue reading Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust: QBD 1 Aug 2011
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. Held: Review was granted. The respondent had failed to disclose necessary elements of the decision making progress so that the … Continue reading Save Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts: Admn 7 Mar 2013
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with HIV. Z’s doctors had been required to give evidence about her medical condition in … Continue reading Z v Finland: ECHR 25 Feb 1997
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security. Held: The Trust’s appeal failed. The fact that she was detained for her own protection rather than to protect others required different standards … Continue reading Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008
Child’s Wish for post-mortem cryonic Preservation JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents were divorced, and they differed as … Continue reading Re JS (Disposal of Body): FD 10 Nov 2016
Will Drafter liable in Negligence to Beneficiary A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise outside the terms of the retainer or where there is … Continue reading White and Another v Jones and Another: HL 16 Feb 1995
Cox J [2011] EWHC 190 (Admin) Bailii Nursing and Midwifery Order 2001 31(8) England and Wales Health Professions Updated: 09 November 2021; Ref: scu.429674
The solicitor who had been admitted to the Roll for two years had disbursed clients money to relatives, as part of the conveyance of property without adequate security but in the expectation that the money would be repaid. The Tribunal found that the solicitor was honest and had not stolen client money ‘in a premeditated … Continue reading Bolton v The Law Society: CA 8 Dec 1993
The claimant, a consultant doctor, sought damages saying that his employer had failed to follow the contract when disciplining and dismissing him. The GMC had dismissed as unfounded the allegation on which the dismissal was based. He sought damages for the severe and continuing damages to his career. The court had limited his claim to … Continue reading Edwards v Chesterfield Royal Hospital NHS Foundation Trust: CA 26 May 2010
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 appeal failed. Of the three sets of allegations, one had not been shown to the required standards, and the … Continue reading Southall v The General Medical Council: Admn 22 May 2009
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was privileged. Held: Immunity given in a criminal court did not provide an excuse before a professional body … Continue reading General Medical Council v Professor Sir Roy Meadow, Attorney General: CA 26 Oct 2006
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