Doctor Beynon and Partners v Commissioners of Customs and Excise: ChD 2002

Lawrence Collins J
[2002] EWHC 518 Ch
England and Wales
Cited by:
Appeal fromDoctor Beynon and Partners v Commissioners of Customs and Excise CA 20-Dec-2002
The appellants were doctors practicing far from a pharmacy. They themselves administered rather than dispensed drugs direct to their clients under the regulation. They appealed a finding that the supplies were exempt supplies, asserting instead that . .

Lists of cited by and citing cases may be incomplete.

VAT, Health Professions

Updated: 27 January 2022; Ref: scu.219914

Beynon and Partners v Customs and Excise: HL 25 Nov 2004

The House asked whether the personal administration of a drug such as a vaccine by an NHS doctor to a patient is a taxable supply for the purposes of value added tax. The provision of medical care in the exercise of the medical and paramedical professions should be exempt from VAT, but the supply of goods is taxable (though zero rated). In rural areas doctors also filled the role of pharmacist. They sought to argue that the supplies of drugs in that context was taxable, and that they could therefore recover input taxes. The commissioners argued that there was a single exempt supply.
Held: The regulations only allowed doctors to dispense drugs which patients would administer themselves where the special rules applied. There was however no sufficient distinction to have the dispensing treated differently. Comissioners’ appeal allowed.
The classification of the transaction as a supply of services or of goods and services was a question of law.

Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe
[2004] UKHL 53, Times 26-Nov-2004, [2005] 1 WLR 86, [2005] STC 55
Bailii, House of Lords
Value Added Tax Act 1994
England and Wales
Citing:
Appeal fromDoctor Beynon and Partners v Commissioners of Customs and Excise CA 20-Dec-2002
The appellants were doctors practicing far from a pharmacy. They themselves administered rather than dispensed drugs direct to their clients under the regulation. They appealed a finding that the supplies were exempt supplies, asserting instead that . .
CitedCard Protection Plan Ltd v Commissioners of Customs and Excise ECJ 25-Feb-1999
A company procuring insurance purchases for credit card protection was as exempt from VAT as was the insurer. A provision which restricted the ability to claim such exemption to those registered as insurers under national was invalid under European . .
CitedCommissioners of Customs and Excise v British Telecommunications Plc HL 11-Feb-1999
The cost of the delivery of a quantity of new cars from the factory or depot to the purchaser is incidental and ancillary to the supply of the cars themselves, and the VAT on delivery charges was not reclaimable by the purchasing company as Input . .
CitedFaaborg-Gelting Linien v Finanzamt Flensburg ECJ 2-May-1996
A non-takeaway restaurant is a supply of services, and a ferry supply was made from its place of business. The supply of prepared food and drink at a restaurant resulted from a whole series of services (including the preparation and service of the . .
CitedMoyna v Secretary of State for Work and Pensions HL 31-Jul-2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks.
Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a . .
CitedCommissioners of Customs and Excise v Madgett and Baldwin (trading as Howden Court Hotel) ECJ 22-Oct-1998
The court considered the criteria for determining whether the provision to guests by a hotelier of travel services (and in particular transport to and from the hotel and excursions) constituted supply which was ancillary to the supply of . .

Cited by:
CitedDoctor Beynon and Partners v Commissioners of Customs and Excise CA 20-Dec-2002
The appellants were doctors practicing far from a pharmacy. They themselves administered rather than dispensed drugs direct to their clients under the regulation. They appealed a finding that the supplies were exempt supplies, asserting instead that . .
CitedCollege of Estate Management v Customs and Excise HL 20-Oct-2005
The college supplied educational services by distance learning. The commissioner sought to argue that printe daterials supplied with the course were ancillary and did not have the same exemption form VAT.
Held: The supplies did benefit from . .
CitedHM Revenue and Customs v Weight Watchers (UK) Ltd ChD 21-Jan-2008
The court was asked whether the weight-watchers program which included attendance at a course and a supply of supporting materials was one single standard-rated supply or separate supplies of zero-rated printed materials and standard-rated support . .

Lists of cited by and citing cases may be incomplete.

Health Professions, VAT

Updated: 27 January 2022; Ref: scu.219869

U v W (Attorney-General Intervening): FD 4 Mar 1997

The restriction on the freedom to provide human fertility treatment to licensees of the Authority was not a breach of the EU treaty. There is a particular need for certainty in provisions affecting the status of a child. There is a mental element inherent in the notion of ‘treatment together’ and if the respondent had believed at all material times that the treatment which was being provided in which his sperm alone was to be used, the treatment of the applicant with donor sperm would not have amounted to services provided for them together. The test is not whether the man consented either to be deemed in law to be the father of the prospective child or to become legally responsible for him. The subsection concentrates on what would be expected of unmarried couples in a stable relationship who are seeking to bring a child into being jointly as their child. The test which it adopts is whether the relevant treatment services were provided for the woman and the man together. ‘In my view what has to be demonstrated is that, in the provision of treatment services with donor sperm, the doctor was responding to a request for that form of treatment made by the woman and the man as a couple, notwithstanding the absence in the man of any physical role in such treatment.’

Wilson J
Gazette 19-Mar-1997, Times 04-Mar-1997, [1998] Fam 29, [1997] 2 FLR 282
Human Fertilisation and Embryology Act 1990 28(3), Children Act 1989
England and Wales
Cited by:
CitedIn re R (Parental responsibility: IVF baby) CA 19-Feb-2003
The mother and father of the child were not married, but had consented to the terms of their infertility treatment. The father donated his sperm, but the mother was only inseminated after they had separated. The mother appealed a declaration of . .
CitedAHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B QBD 26-Feb-2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents . .
CitedIn Re R (Parental responsibility: IVF baby); D (A Child), Re HL 12-May-2005
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity.
Held: The father’s appeal failed. The Act made statutory provision . .

Lists of cited by and citing cases may be incomplete.

Health, Health Professions, European

Updated: 27 January 2022; Ref: scu.90038

Hecht-Pharma: ECJ 26 Oct 2016

ECJ Judgment – Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Scope – Article 2(1) – Medicinal products prepared industrially or manufactured by a method involving an industrial process – Point 2 of Article 3 – Officinal formula

ECLI:EU:C:2016:801, [2016] EUECJ C-276/15
Bailii
Directive 2001/83/EC 2(1)
European

Health Professions

Updated: 24 January 2022; Ref: scu.570585

Deutsche Parkinson Vereinigung: ECJ 19 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Articles 34 TFEU and 36 TFEU – Free movement of goods – National legislation – Prescription-only medicinal products for human use – Sale by pharmacies – Setting of fixed prices – Quantitative restriction on imports – Measure having equivalent effect – Justification – Protection of the health and life of humans

ECLI:EU:C:2016:776, [2016] EUECJ C-148/15
Bailii
TFEU 34 36
European

Health Professions

Updated: 24 January 2022; Ref: scu.570370

Redmond v Health and Care Professions Council: Admn 12 Oct 2016

A registered social worker appealed against the decision of a panel of the Conduct and Competence Committee of the Health and Care Professions Council finding that her fitness to practise was impaired and imposing a sanction of 9 months suspension of her registration, subject to review.
Held: In the light of the assessment, which there was no basis to overturn, that Ms Redmond’s expressed acknowledgement of the faults in her practice amounted only to limited insight and not a sufficient change in her entrenched attitudes, it was plainly appropriate to impose a sanction which would sufficiently bring home to her the seriousness of the faults found, and the need to provide tangible evidence of change.

David Cooke HHJ
[2016] EWHC 2490 (Admin)
Bailii
England and Wales

Health Professions

Updated: 24 January 2022; Ref: scu.570115

Klein v Commission: ECFI 28 Sep 2016

ECJ (Judgment) Non-contractual liability – Directive 93/42 / EEC – Harmonized Plan for the safety and protection of the health of patients, users and third parties for the use of medical devices – Article 8 – Notification of a decision prohibiting the placing on the market – No position taken by the Commission – Article 18 – undue CE Marking – Damage – sufficiently serious breach of a rule of law conferring rights on individuals – causation

ECLI:EU:T:2016:570, [2016] EUECJ T-309/10
Bailii
European

European, Personal Injury, Health Professions

Updated: 23 January 2022; Ref: scu.569635

Dr Vasserman and The Neaman Practice (Health (Doctors)): ICO 16 Aug 2016

ICO The complainant has requested information relating to his own medical history, together with the contact details of the bodies that supervise General Practitioners and any information held about operation ‘Foreigner’. The Practice dealt with the complainant’s right of access to information about his own medical treatment under the provisions of the Data Protection Act 1998 (DPA). It also provided the details of a number of bodies responsible for regulating different aspects a GP’s work. It confirmed that it did not hold any information relating to operation ‘Foreigner’. This information was requested in January 2016 but the practice only provided a substantive response in August. The Commissioner’s decision is that the Practice breached sections 10 and 17(1) of the FOIA which, collectively, require a public authority to confirm whether the requested information is held and, if so, to either provide that information or inform the applicant why the information is exempt from disclosure, within twenty working days. However as the public authority has now responded to the request for the purposes of this decision notice the Commissioner does not require it to take any further action in this matter. This decision notice is currently under appeal to the Tribunal.
FOI 10: Upheld FOI 17: Upheld

[2016] UKICO FS50640019
Bailii
England and Wales

Information, Health Professions

Updated: 22 January 2022; Ref: scu.569102

Royal College of Nursing of the United Kingdom v Department of Health and Social Security: CA 1981

The College sought clarification of the role to be undertaken by nurses in abortion procedures. Lord Denning MR said: ‘when a pregnancy is terminated by medical induction, who should do the actual act of termination? Should it be done by a doctor? Or can he leave it to the nurses? The Royal College of Nursing say that a doctor should do the actual act himself and not leave it to the nurses. The Department of Health and Social Security take a different view. They say that the doctor can initiate the process and then go off and do other things, so long as he is ‘on call’.

Lord Denning MR
[1981] AC 800, [1981] 1 All ER 545
Abortion Act 1967
England and Wales
Cited by:
Appeal fromRoyal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
CitedGreater Glasgow Health Board v Doogan and Another SC 17-Dec-2014
Roman Catholic Midwives, working as Labour Ward Co-ordinators had objected to being involved in an administrative capacity in abortions being conducted by the appellants. The Outer House had said they were not entitled to opt out, but the Inner . .

Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 22 January 2022; Ref: scu.541519

Royal College of Nursing of the United Kingdom v Department of Health and Social Security: HL 2 Jan 1981

The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out by nurses acting on the instructions of such a practitioner.
Held: The phrase ‘treatment for the termination of pregnancy’ meant something broader than the act of termination itself. Rather it contemplated treatment that was in the nature of a team effort, covering the whole process designed to bring about a termination.
The Act was a complete description of what could lawfully be done.
Lord Diplock said: ‘What the Act sets out to do is to provide an exhaustive statement of the circumstances in which treatment for the termination of a pregnancy may be carried out lawfully.’
and ‘The policy of the Act, it seems to me is clear. There are two aspects to it: the first is to broaden the grounds upon which abortions may be lawfully obtained: the second is to ensure that the abortion is carried out with all proper skill and in hygienic conditions.’ and
‘I have spoken of the requirements of the Act as the way in which ‘treatment for the termination of the pregnancy’ is to be carried out rather than using the word ‘termination’ or ‘terminated’ by itself, for the draftsman appears to use the longer and the shorter expressions indiscriminately, as is shown by a comparison between sub-sections (1) and (3) of section 1, and by the reference in the conscience clause to ‘treatment authorised by this Act’. Furthermore if ‘termination’ or ‘terminated’ meant only the event of miscarriage and not the whole treatment undertaken with that object in mind, lack of success which apparently occurs in one or two per cent of cases, would make all who had taken part in the unsuccessful treatment guilty of an offence under section 58 or 59 of the Offences Against the Person Act 1861. This cannot have been the intention of Parliament.’
Lord Wilberforce said, in dissenting: ‘In interpreting an Act of Parliament it is proper, and indeed necessary, to have regard to the state of affairs at the time. Leaving aside cases of omission by inadvertence, when a new state of affairs, or a fresh set of facts bearing on policy, comes into existence, the courts may consider that they fall within the Parliamentary intention, if they fall within the same genus of facts as those addressed. They may also do so if there is a clear purpose in the legislation which can only be fulfilled if the extension is made. How liberally these principles may be applied must depend upon the nature of the enactment, and the strictness or otherwise of the words in which it has been expressed. The courts should be less willing to extend expressed meanings if it is clear that the Act in question was designed to be restrictive or circumscribed in its operation rather than liberal or permissive. They will be much less willing to do so where the subject matter is different in kind or dimension from that for which the legislation was passed. In any event there is one course which the courts cannot take, under the law of this country; they cannot fill gaps; they cannot by asking the question ‘What would Parliament have done in this current case – not being one in contemplation – if the facts had been before it?’ attempt themselves to supply the answer, if the answer is not to be found in the terms of the Act itself.’
Lord Keith said: ”Termination of pregnancy’ is an expression commonly used, perhaps rather more by medical people than by laymen, to describe in neutral and unemotive terms the bringing about of an abortion. So used, it is capable of covering the whole process designed to lead to that result, and in my view it does so in the present context. Other provisions of the Act make it clear that termination of pregnancy is envisaged as being a process of treatment.’

Lord Wilberforce, Lord Diplock, Lord Edmund-Davies, Lord Keith of Kinkel, Lord Roskill
[1981] AC 800, [1981] 1 All ER 545, [1981] 2 WLR 279, [1980] UKHL 10
Bailii
Abortion Act 1967, Offences Against the Person Act 1861 58 59
England and Wales
Citing:
CitedRex v Bourne 1939
An eminent surgeon openly in a public hospital operated to terminate the pregnancy of a 14 year old girl who had become pregnant in consequence of a violent rape.
Held: The court suggested when summing up that there might be a duty in certain . .
Appeal fromRoyal College of Nursing of the United Kingdom v Department of Health and Social Security CA 1981
The College sought clarification of the role to be undertaken by nurses in abortion procedures. Lord Denning MR said: ‘when a pregnancy is terminated by medical induction, who should do the actual act of termination? Should it be done by a doctor? . .

Cited by:
CitedRegina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
CitedAiredale NHS Trust v Bland HL 4-Feb-1993
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 . .
AdoptedRegina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) HL 13-Mar-2003
Court to seek and Apply Parliamentary Intention
The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to . .
CitedRegina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Cited1 Pump Court Chambers v Horton EAT 2-Dec-2003
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act.
Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not . .
CitedFitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
CitedRegina v Dhingra CC 1991
(Crown Court at Birmingham) A doctor who had fitted a patient, with an IUD was charged with an offence under section 58 of the 1861 Act. Having heard medical evidence from two consultant gynaecologists and legal argument the judge withdrew the case . .
CitedQuintavalle v Human Fertilisation and Embryology Authority HL 28-Apr-2005
The parents of a boy suffering a serious genetic disorder sought IVF treament in which any embryo would be tested for its pre-implantation genetic status. Only an embryo capable of producing the stem cells necessary to cure the boy would be . .
CitedOxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
CitedHarding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
CitedH, Regina v (Interlocutory application: Disclosure) HL 28-Feb-2007
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal.
Held: The practice . .
CitedOffice of Fair Trading v Lloyds TSB Bank PlC and Others HL 31-Oct-2007
The House was asked whether the liability of a credit card company under the 1974 Act applied where the contract was performed abroad and subject to foreign law.
Held: The principle which disapplied an English statute in an extra-territorial . .
CitedHM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
CitedBritish Pregnancy Advisory Service v Secretary of State for Health Admn 14-Feb-2011
The claimant sought a declaration that the administration of an abortifacient drug was not ‘any treatment for the termination of pregnancy’ for the purposes of section 1 of the 1967 Act, allowing the piloting and possible adoption of early medical . .
CitedEquality and Human Rights Commission v Prime Minister and Others Admn 3-Oct-2011
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not . .
CitedDoogan and Another v NHS Greater Glasgow and Clyde Health Board SCS 24-Apr-2013
(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 . .
CitedTrail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council and Others CA 20-May-2013
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
CitedGreater Glasgow Health Board v Doogan and Another SC 17-Dec-2014
Roman Catholic Midwives, working as Labour Ward Co-ordinators had objected to being involved in an administrative capacity in abortions being conducted by the appellants. The Outer House had said they were not entitled to opt out, but the Inner . .
CitedTransport for London v Uber London Ltd Admn 16-Oct-2015
TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required . .
CitedLittlewoods Ltd and Others v Commissioners for Her Majesty’s Revenue and Customs SC 1-Nov-2017
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .

Lists of cited by and citing cases may be incomplete.

Health Professions, Constitutional, Crime

Leading Case

Updated: 22 January 2022; Ref: scu.180052

Gopikrishna, Regina (on The Application of) v The Office of The Independent Adjudicator for Higher Education and Others: Admn 6 Feb 2015

‘the Claimant, then a second-year medical student, failed her end-of-year examination. She asked to be allowed to repeat the year and to re-sit the examination. A committee at the medical school decided that she should not be allowed to repeat the year, and that her course should be terminated. The Claimant appealed to a review panel acting for the whole university, which rejected her appeal. The Claimant then made a complaint to the Office of the Independent Adjudicator for Higher Education (‘OIA’) the statutory authority for higher education responsible for adjudication in such matters. The OIA over a period of time issued two provisional decisions, and later, following various developments detailed below, its final decision in an ‘Amended Complaint Outcome.’ The Claimant’s complaint was not upheld. She now seeks judicial review of that final decision of the OIA.’

Curran QC HHJ
[2015] EWHC 207 (Admin)
Bailii
England and Wales

Education, Health Professions, Administrative

Updated: 22 January 2022; Ref: scu.542308

Re A (A Child): CA 13 Jul 2016

Appeal against the making of a declaration declaring that: ‘It is lawful and in A’s best interest to remove his respiratory support by extubating him and, if he becomes unstable, not to reintroduce his respiratory support again but instead generally to furnish such treatment by way of pain relief or sedation and nursing as may be appropriate to ensure that A suffers the least distress and pain at the time and in the manner of his dying.’

McFarlane, King LJJ
[2016] EWCA Civ 759
Bailii
England and Wales

Children, Health Professions, Human Rights

Updated: 19 January 2022; Ref: scu.566887

Blackmore, Regina (on The Application of) v Parliamentary and Health Service Ombudsman: Admn 18 Dec 2008

Renewed application for permission to seek judicial review of the refusal by the Health Service Commissioner to entertain or deal with a complaint sought to be made by the claimant doctor.

Collins J
[2008] EWHC 3469 (Admin)
Bailii

Health Professions

Updated: 19 January 2022; Ref: scu.566770

London Borough of Brent v C: FD 28 Apr 2016

‘This case raises issues both as to the end-of-life treatment of a very ill child, and as to alleged breaches of rights under the European Convention on Human Rights, in relation to which damages were claimed. ‘

Holman J
[2016] EWHC 1335 (Fam)
Bailii

Children, Human Rights, Health Professions

Updated: 17 January 2022; Ref: scu.565529

Blue Bio Pharmaceuticals Ltd and Another v Secretary of State for Health and Another: CA 17 Jun 2016

The company appealed against rejection of its challenge to the licensing and classification system applied to its products.

Longmore, Lewison, McCombe LJJ
[2016] EWCA Civ 554
Bailii
Directive 2001/83/EC
England and Wales
Citing:
Appeal fromBlue Bio Pharmaceuticals Ltd and Another, Regina (on The Application of) v Secretary of State for Health (Mhra) Admn 22-May-2014
The Claimants complained that the Defendant wrongly refused to treat as medicinal products the large number of GCPs (glucosamine-containing product) described as ‘food supplements’.
Held: The claim failed. . .

Lists of cited by and citing cases may be incomplete.

Health Professions, European

Updated: 17 January 2022; Ref: scu.565724

AT v Daniel B and Others: ECJ 27 Feb 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 – Free movement of goods – Article 34 TFEU – Terms of sale – Obstacles – Article 36 TFEU – Justification – Protection of the dignity of the profession of pharmacist – Prevention of the abuse of medicinal products – Protection of public health – Directive 2000/31 / EC – Electronic commerce – Article 2 (a) – Information society service – Article 2,under h) – Co-ordinated area – Article 3 – Country of origin principle – Derogations – Justification – Protection of public health – Information and notification obligation – Directive 2001/83 / EC – Community code relating to medicinal products for human use – Article 85 quarter, paragraph 2 – Faculty, for the Member States, to impose conditions, justified by the protection of public health, for the retail supply, in their territory, of medicinal products sold online ‘of drugs sold online ‘of drugs sold online

C-649/18, [2020] EUECJ C-649/18_O, [2020] EUECJ C-649/18
Bailii, Bailii
European

Health Professions

Updated: 17 January 2022; Ref: scu.654746

JF Regina (on The Application of) v NHS Sheffield Clinical Commissioning Group: Admn 2 May 2014

These proceedings concern the question of responsibility for the provision of necessary services when a person who has been receiving NHS Continuing Healthcare (‘CHC’) in the community is admitted to hospital.

The Honourable Mr Justice Stuart-Smith
[2014] EWHC 1345 (Admin)
Bailii
England and Wales

Health Professions

Updated: 16 January 2022; Ref: scu.525076

JR55, Re Application for Judicial Review (Northern Ireland): SC 11 May 2016

The Court was asked about the powers of the Complaints Commissioner under the 1996 Order, and in particular about his powers in relation to general medical practitioners working in the National Health Service and whether, and if so in what circumstances, the Complaints Commissioner has power to recommend the payment of a money sum to a complainant; and whether in the event that that sum is not paid he has power to make a special report drawing the attention of the legislature to that fact. The commissioner appealed from a decision that he did not have those powers.
Held: The appeal failed. Under article 9(3) of the 1996 Order, he may not carry out an investigation into any actions in respect of which the complainant has a remedy by way of proceedings in a court of law. This is, subject to article 9(4), a condition precedent to his jurisdiction.

Lord Neuberger, President, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Toulson
[2016] UKSC 22, UKSC 2014/0094
Bailii, Bailii Summary, SC, SC Summary
The Parliamentary Commissioner Act (Northern Ireland) 1969, Commissioner for Complaints Act (Northern Ireland) 1969
Northern Ireland
Citing:
At CANIJR55 v Northern Ireland Commissioner for Complaints CANI 28-Jan-2014
The GP challenges the power of the Commissioner to recommend the payment of the consolatory payment and he challenges the threatened exercise by the Commissioner of an asserted power to make a special report in relation to the matter to the Northern . .
CitedRegina v Commissioner for Local Administration ex parte Croydon London Borough Council QBD 1989
Delay in application.
Held: The commissioner’s powers cannot depend upon whether the complaint is well founded. He could only act where a complainant did not otherwise have an action at law for a remedy.
As long as no prejudice is . .
CitedBradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 7-Feb-2008
Complaint was made as to a leaflet PEC 3 issued by the Department in 1996, intended to summarise the changes introduced by the Pensions Act 1995, and their purpose. One answer given was: ‘The Government wanted to remove any worries people had about . .

Lists of cited by and citing cases may be incomplete.

Administrative, Health Professions

Updated: 14 January 2022; Ref: scu.563293

Jain and Another v Trent Strategic Health Authority: QBD 4 Dec 2006

Sir Douglas Brown
[2006] EWHC 3019 (QB)
Bailii
Registered Homes Act 1974 30
England and Wales
Cited by:
Appeal fromJain and Another v Trent Strategic Health Authority CA 22-Nov-2007
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 . .
See AlsoTrent Strategic Health Authority v Jain and Another HL 21-Jan-2009
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 . .
See AlsoJain and another v The United Kingdom ECHR 16-Sep-2009
. .
See AlsoJain and another v The United Kingdom ECHR 9-Mar-2010
The applicants ran a Registered Nursing Home. The health authority, having concerns about its elderly residents, brought an ex parte application under section 30 of the Registered Homes Act 1984 for an order cancelling the Certificate of . .

Lists of cited by and citing cases may be incomplete.

Health Professions, Negligence, Torts – Other

Updated: 12 January 2022; Ref: scu.347109

West Bromwich Albion Football Club Ltd v El-Safty: QBD 14 Dec 2005

The claimant sought damages from the defendant surgeon alleging negligent care of a footballer. The defendant argued that he had no duty to the club as employer of his patient who was being treated through his BUPA membership. It would have created a conflict of interest if he had accepted a contractual obligation to the claimant.
Held: There was no intention to create legal relations between the parties, and there was no contract. There was in this case not sufficient proximity between the Claimant and the Defendant to give rise to a duty of care toward the claimant. It would not be just and equitable to impose such liability.

Royce J
[2005] EWHC 2866 (QB)
Bailii
England and Wales
Citing:
CitedHedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
CitedCaparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
CitedIslington London Borough Council v University College London Hospital NHS Trust CA 16-Jun-2005
The local authority sought repayment from a negligent hospital of the cost of services it had had to provide to an injured patient. They said that the hospital had failed to advise the patient to resume taking warfarin when her operation was . .
CitedBaird Textile Holdings Limited v Marks and Spencer Plc CA 28-Feb-2001
The court considered the requirements to establish a proprietary estoppel: ‘It is on authority an established feature of both promissory and conventional estoppel that the parties should have had the objective intention to make, affect or confirm . .
CitedJames McNaughton Paper Group Ltd v Hicks Anderson and Co CA 31-Jul-1990
When considering the liability of an auditor in negligence, the fact and nature of any communications direct between the auditor and the potential investor must be allowed for. The court set out a non-exhaustive list of factors to be taken into . .
CitedPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedBank of Credit and Commerce International (Overseas) Ltd (In Liquidation) and Others v Price Waterhouse ChD 2-Apr-1998
Damages for negligently conducted audit were not to include sums which would not have been spent if truth had been known and if the company had stopped trading immediately. The court should consider whether also the defendant had had opportunity to . .
CitedHenderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .
CitedSpring v Guardian Assurance Plc and Others HL 7-Jul-1994
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of . .
CitedCommissioner of Police of the Metropolis v Lennon CA 20-Feb-2004
The claimant police officer considered being transferred to Northern Ireland. He asked and was incorrectly told that his housing allowance would not be affected by taking time off work.
Held: The break between employments had affected his . .
CitedKapfunde v Abbey National Plc and Dr Daniel and Another CA 25-Mar-1998
A Doctor employed by a potential employer to report on the health of applicants for employment, owed no duty of care to those applicants. . .
CitedWhite and Another v Jones and Another HL 16-Feb-1995
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 . .
CitedGoodwill v British Pregnancy Advisory Service CA 19-Jan-1996
The doctor executed a vasectomy, and advised the plaintiff that he need no longer take contraceptive precautions.
Held: No duty fell on a doctor to advise on the possibility of the failure of a vasectomy toward possible future sexual partners . .

Lists of cited by and citing cases may be incomplete.

Professional Negligence, Health Professions

Updated: 12 January 2022; Ref: scu.236713

Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007

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. The authority was responsible in law for that inaccuracy.

Arden LJ, Jacob LJ, Wilson LJ
[2007] EWCA Civ 1186, Times , [2008] LS Law Medical 139, [2008] QB 246, [2008] 2 WLR 456, (2008) 11 CCL Rep 79
Bailii
Registered Homes Act 1984
England and Wales
Citing:
CitedMartine v South East Kent Health Authority CA 22-Mar-1993
The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff’s nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority’s chief nursing . .
CitedCarty v London Borough of Croydon CA 27-Jan-2005
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The . .
CitedA and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
CitedBowden and Another v Lancashire County Council CA 16-Apr-2002
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and . .
CitedPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
CitedDonoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
CitedCaparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
CitedHedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Appeal fromJain and Another v Trent Strategic Health Authority QBD 4-Dec-2006
. .

Cited by:
CitedPierce v Doncaster Metropolitan Borough Council QBD 13-Dec-2007
The claimant sought damages, saying that the local authority had failed to protect him when he was a child against abuse by his parents.
Held: The claimant had been known to the authority since he was a young child, and they owed him a duty of . .
Appeal FromTrent Strategic Health Authority v Jain and Another HL 21-Jan-2009
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 . .
CitedHome Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
See AlsoJain and another v The United Kingdom ECHR 16-Sep-2009
. .
At CAJain and another v The United Kingdom ECHR 16-Sep-2009
. .
At CAJain and another v The United Kingdom ECHR 9-Mar-2010
The applicants ran a Registered Nursing Home. The health authority, having concerns about its elderly residents, brought an ex parte application under section 30 of the Registered Homes Act 1984 for an order cancelling the Certificate of . .
CitedSingh v Moorlands Primary School and Another CA 25-Jul-2013
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian . .

Lists of cited by and citing cases may be incomplete.

Negligence, Health Professions

Updated: 12 January 2022; Ref: scu.261454

Maguire v North West Strategic Health Authority: QBD 16 Nov 2012

The claimant General Practitioner doctor had been found liable for professional negligence leading to very severe injury. He now sought a contribution from the Authority, saying that their similar mistake within a few days had similarly caused the delay leading to the infection.
Held: On the facts, no agent or employee of the defendant had been negligent, and the application for a contribution failed. The fact that the hospital had asked the parents, in the case of further difficulties, either to return to the hospital or to see their GP was not to be faulted.

Cotter QC J
[2012] EWHC 3272 (QB)
Bailii
England and Wales
Citing:
CitedMaynard v West Midlands Regional Health Authority HL 1985
The test of professional negligence is the standard of the ordinary skilled man exercising and professing to have that special skill. Lord Scarman said: ‘a doctor who professes to exercise a special skill must exercise the ordinary skill must . .
CitedBolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .

Lists of cited by and citing cases may be incomplete.

Health Professions, Professional Negligence

Updated: 12 January 2022; Ref: scu.465842