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TZ v General Medical Council: Admn 17 Apr 2015

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

Adu v General Medical Council: Admn 20 Jun 2014

Dr Adu challenged determinations made by a Fitness to Practise Panel of the Medical Practitioners Tribunal Service of the General Medical Council under s 35D of the 1983 Act. The FTPP, having heard evidence and submissions found that Dr Adu’s fitness to practise was impaired by reason of deficient professional performance and that, in consequence, … Continue reading Adu v General Medical Council: Admn 20 Jun 2014

Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983

The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983

Gupta v General Medical Council: Admn 17 Jul 2001

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

General Medical Council (GMC) v Hiew: CA 30 Apr 2007

The doctor sought to challenge the extension of his suspension from practice. Held: It was inappropriate in such an application to challenge the findings of fact which had led to the initial suspension. If he wished to do that, he should seek judicial review of that decision. Arden LJ said: ‘the powers conferred by s.41A(10) … Continue reading General Medical Council (GMC) v Hiew: CA 30 Apr 2007

Bradshaw 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 retraining, and said that the interim suspension would make it impossible to continue. Held: The appeal … Continue reading Bradshaw v General Medical Council: Admn 4 Jun 2010

The British Medical Association, Regina (on the Application of) v The General Medical Council and Another: Admn 4 May 2016

The BMA sought to challenge the validity of the rules governing the procedure of Fitness to Practice panels. In particular the BMA challenged the new absence of a requirement that the panel’s legal advice and assistance be available to the parties. Held: The claim failed: ‘I am wholly unconvinced that a legally qualified chair has … Continue reading The British Medical Association, Regina (on the Application of) v The General Medical Council and Another: Admn 4 May 2016

Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983

Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983

Depner v General Medical Council: EAT 14 Feb 2013

depner_gmcEAT2013 EAT Race Discrimination : Discrimination By Other Bodies – The Employment Judge did not err in holding that the Employment Tribunal did not have jurisdiction to hear a doctor’s claims of discrimination and victimisation made under the Race Relations Act 1976. The claims were of her suspension from registration and imposition of immediate suspension … Continue reading Depner v General Medical Council: EAT 14 Feb 2013

El-Huseini v General Medical Council: Admn 23 Sep 2016

No Doctor’s appeal out of time. The court was asked whether it had jurisdition to hear an appeal out of time against a suspension of the claimant medical practitioner from practice made on the basis that his fitness to practise was impaired by reason of misconduct and his adverse physical and mental healthHeld: The ourt … Continue reading El-Huseini v General Medical Council: Admn 23 Sep 2016

Uddin v General Medical Council and Others: EAT 14 Feb 2013

EAT Race Discrimination : DirectDetrimentDiscrimination by other bodiesAt a pre-hearing review an Employment Judge held that the Employment Tribunal had no jurisdiction to determine a doctor’s claims of race discrimination and harassment. She held that the Medical Act 1983 and judicial review provided ‘an appeal or proceedings in the nature of an appeal’ from such … Continue reading Uddin v General Medical Council and Others: EAT 14 Feb 2013

General Medical Council v Professor Sir Roy Meadow, Attorney General: CA 26 Oct 2006

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Regina v Connor and another; Regina v Mirza: HL 22 Jan 2004

Extension of Inquiries into Jury Room Activities The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use of … Continue reading Regina v Connor and another; Regina v Mirza: HL 22 Jan 2004

Ashingdane v The United Kingdom: ECHR 28 May 1985

The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of … Continue reading Ashingdane v The United Kingdom: ECHR 28 May 1985

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Finucane, Re Application for Judicial Review: SC 27 Feb 2019

(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019

AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

O, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Apr 2016

The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending treatment in the community. She said that the Francis case was wrongly decided. Held: Her appeal failed. … Continue reading O, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Apr 2016

Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970

There had been a purported marriage in 1963 between a man and a male to female trans-sexual. Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the chromosomal, gonadal and genital tests. If all three are congruent, that … Continue reading Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970

British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005

Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social workers. Held: The names of the social workers had been withheld originally to protect the … Continue reading British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005