Category: Health Professions

Royal Brompton and Harefield NHS Foundation Trust, Regina (on The Application of) v Joint Committee of Primary Care Trusts and Another: CA 19 Apr 2012

The defendant appealed against a finding that its consultation over the rationalisation of pediatric cardiac surgical facilities had been defective and unlawful.

Judges:

Arden, Richards, LJJ, Sir Stephen Sedley

Citations:

[2012] EWCA Civ 472

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Royal Brompton and Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts and Another Admn 7-Nov-2011
The claimant, the Royal Brompton and Harefield NHS Foundation Trust sought to quash as flawed and unlawful a consultation by the first defendant concerning the reconfiguration of paediatric congenital cardiac services (PCCS) in England. . .
See Also – Royal Brompton and Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts and Others (Costs) Admn 15-Dec-2011
. .

Cited by:

Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 07 October 2022; Ref: scu.452830

Whitefield v General Medical Council: PC 14 Nov 2002

The doctor had been allowed to continue in practice only on condition that he did not drink alcohol and that he complied with other conditions to support that restriction. He challenged it as an infringement of his human rights.
Held: The conditions were in pursuit of a legitimate aim, and in the wider interest of protecting his patients. There were limits to the right to a private life, and those had not been transgressed.

Judges:

Hope of Craighead L, Sir Denis Jenry, Sir Philip Otton

Citations:

Times 29-Nov-2002, [2002] UKPC 62

Links:

Bailii, PC

Statutes:

European Convention on Human Rights Art 8

Jurisdiction:

England and Wales

Citing:

Cited – Bruggeman and Scheuten v Federal Republic of Germany ECHR 12-Jul-1977
(Commission) The applicants complained at restrictions on the termination of unwanted pregnancies.
Held: Article 8(1) secures to the individual a sphere within which he can freely pursue the development and fulfilment of his personality. He . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health Professions

Updated: 06 October 2022; Ref: scu.178295

Doogan and Another, Re Judicial Review: SCS 29 Feb 2012

(Outer House, Court of Session) Midwives worked on a labour ward which also had care of patients having later terminations. As sincere Roman Catholics, they sought to assert a right of conscientious objection to allow them to be excused from taking part in the support of such patients.
Held: The action failed.

Judges:

Lady Smith

Citations:

[2012] ScotCS CSOH – 32, [2012] CSOH 32

Links:

Bailii

Statutes:

Abortion Act 1967 4(2)

Jurisdiction:

Scotland

Cited by:

Appeal from – Doogan 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 . .
At Outer House – Greater 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: 05 October 2022; Ref: scu.451719

Bevan and Clarke Llp and Others v Neath Port Talbot County Borough Council: Admn 17 Feb 2012

The claimants, nine operators of residential homes challenged the Council’s decision setting the rate to be paid to providers of residential accommodation for the year at andpound;426 per resident per week with a andpound;23 supplement per week for residents with dementia. This represented an increase of 5.7%. The Council also decided to offer to enter into a four-year agreement with providers with a minimum guaranteed increase of 4% each year.

Judges:

Beatson J

Citations:

[2012] EWHC 236 (Admin)

Links:

Bailii

Health Professions, Administrative

Updated: 05 October 2022; Ref: scu.451387

KO v Secretary of State for Health: UTAA 14 Nov 2011

The decision of the First-tier Tribunal was set aside insofar as the First-tier Tribunal found that the appellant was unsuitable to work with vulnerable adults or children and the case is remitted for further consideration of that issue by a differently-constituted panel.

Citations:

[2011] UKUT 441 (AAC)

Links:

Bailii

Health Professions

Updated: 04 October 2022; Ref: scu.451127

National Care Standards Commission, Regina (on the Application Of) v Jones: Admn 21 Apr 2004

The Tribunal must ensure that it ‘asks itself the correct questions and then provides intelligible answers to those questions’

Judges:

Sullivan J

Citations:

[2004] EWHC 918 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for Education and Skills v Mairs Admn 25-May-2005
The appellant had been dismissed from the social services department of Haringey Borough Council, and her name placed on a list of persons unsuitable to work with children. She had been criticised in the statutory inquiry into the death of Victoria . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 04 October 2022; Ref: scu.226877

Mahfouz, Regina (on the Application of) v General Medical Council: Admn 27 Jun 2003

Judges:

Davis J

Citations:

[2003] EWHC 1695 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council CA 5-Mar-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 04 October 2022; Ref: scu.185610

Davies and Another (T/A All Star) v The Scottish Commission for The Regulation of Care: SCS 24 Jan 2012

The Commission had begun proceedings seeking to revoke the Davies’ registration to provide nursery facilities. The Commission was dissolved and the Sherriff had found that the new body could not take over the proceedings.
Held: The appeal succeeded.

Judges:

Lord President, Lord Drummond Young, Lord Marnoch

Citations:

[2012] ScotCS CSIH – 7, 2012 SLT 269, [2012] CSIH 7, 2012 GWD 5-95

Links:

Bailii

Statutes:

Regulation of Care (Scotland) Act 2001, Public Services Reform (Scotland) Act 2010

Citing:

Appeal from – Davies and Another v The Scottish Commission for The Regulation of Care ScSf 9-May-2011
The pursuers ran a day care nursery. They had been subject to proceedings for the cancellation of their registration. The Commission had been dissolved and replaced by a new body, and they said that the new body could not be substituted in that . .

Cited by:

Appeal from – Davies and Another (T/A All Stars Nursery) v The Scottish Commission for The Regulation of Care SC 27-Feb-2013
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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Health Professions, Administrative

Updated: 04 October 2022; Ref: scu.450594

Michalak, 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 a substitution which the claimant said was not permitted.
Held: The decision to substitute a member and continue was set aside, and the matter remitted for reconsideration.

Judges:

Parker J

Citations:

[2011] EWHC 2307 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – The 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 Also – 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 . .
See Also – Michalak 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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 01 October 2022; Ref: scu.443597

Jooste v General Medical Council: Admn 19 Oct 2010

Judges:

Nicola Davies J DBE

Citations:

[2010] EWHC 2558 (Admin)

Links:

Bailii

Statutes:

Medical Act 1983 41A(10)

Jurisdiction:

England and Wales

Cited by:

See Also – Jooste 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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 01 October 2022; Ref: scu.425343

Moody v General Osteopathic Council: Admn 5 Apr 2004

Judges:

Collins J

Citations:

[2004] EWHC 967 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Watson v General Medical Council Admn 26-Aug-2005
The claimant said that the procedure of the fitness to practice panel was unfair in that representations had been accepted by the panel from an expert witness without him having an opportunity to challenge or comment on that evidence.
Held: . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 22 September 2022; Ref: scu.196781

A B and others v Leeds Teaching Hospitals NHS Trust: QBD 9 May 2003

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 circumstances before exercising its discretion to make a costs cap order. Any costs cap should only relate to the costs incurred in relation to generic issues. An order was made identifying limits to the separate areas. The court’s general powers of case management were sufficiently wide to encompass the making of a costs capping order both in group litigation and in other actions.

Judges:

Gage J

Citations:

[2003] EWHC 1034 (QB), Gazette 22-Apr-2004

Links:

Bailii

Statutes:

Supreme Court Act 1981 51

Jurisdiction:

England and Wales

Citing:

Cited – Davies v Eli Lilly and Co (Opren Litigation) CA 1987
The powers in the section together with the power to make orders for costs under Order 62 of the Rules of the Supreme Court included the power to make a pre-emptive order for costs.
Lord Donaldson MR said: ‘In these circumstances the judge . .
Cited – Solutia UK Limited v Griffiths CA 26-Apr-2001
The court considered issues relating to the appropriateness of the claimants instructing London solicitors in a case in which those solicitors had submitted a bill of costs totalling pounds 220,000 in connection with a claim in which their clients . .
Cited – The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom and Others QBD 17-Dec-2002
The applicant sought an advisory order from the court to interpret the meaning of United Nations Security Council resolution no 1441 with regard to steps to be taken under the resolution in the event of the failure of Iraq to comply.
Held: A . .
Cited – Home Office v Lownds (Practice Note) CA 21-Mar-2002
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate.
Held: In such . .

Cited by:

Cited – King v Telegraph Group Ltd CA 18-May-2004
The defendant appealed against interim costs orders made in the claim against it for defamation.
Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Health Professions, Costs

Updated: 22 September 2022; Ref: scu.184639

Barts and The London NHS Trust v Verma: CA 12 Oct 2011

The doctor, originally qualified as a dentist, had achieved a contractual status as a surgeon with the Trust. When required to retrain, she complained that contrary to the NHS Terms for the employment of doctors, her pay grade had not been maintained. The Trust now appealed against the EAT’s reversal of the finding in their favour.
Held: The Trust’s appeal succeeded (Elis LJ dissenting). Rix LJ said: ‘ In sum, there is in my judgment nothing in paragraphs 132 or 135 to supersede or undermine the natural, rational and purposive interpretation of these provisions relating to protected pay as protecting the practitioner for the pay in a previous role which he or she earned, at the rate to which he or she was entitled to (ie either the rate earned or, where that rate has been improved under current awards, at the current rate), and not as extending their pay to a figure possibly far in excess of any figure previously earned. It is simply counter-intuitive to suppose that the less a part-time practitioner worked in a previous post, the more he or she is ‘protected’ in a training post’

Judges:

Elias, Rix and Rimer LJJ

Citations:

[2011] EWCA Civ 1129

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Verma v Barts and The London NHS Trust EAT 23-Nov-2010
EAT CONTRACT OF EMPLOYMENT – Construction of term
UNLAWFUL DEDUCTION FROM WAGES
On the true construction of the pay protection provisions in the Terms and Conditions for Hospital Doctors a part-time . .
Cited – Redcar and Cleveland Borough Council v Bainbridge and others (‘Bainbridge 1’) CA 29-Jul-2008
Pay protection provisions are commonly adopted, and provided any differential in pay does not continue for too long, they may justify what would otherwise be unlawful indirect discrimination. . .

Cited by:

Appeal from – Barts and The London NHS Trust v Verma SC 24-Apr-2013
The parties disputed the effect of the NHS terms for employment of doctors, and in particularly the provisions as to maintenance of pay grade. The doctor had become a consultant trust grade doctor in oral surgery, but was then required to retrain . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 20 September 2022; Ref: scu.445398

Lim v Royal Wolverhampton Hospitals NHS Trust: QBD 10 Aug 2011

The Claimant sought an injunction to restrain the Defendant from holding a capability hearing unless and until an assessment panel of the NCAS (National Clinical Assessment Service) had determined that his professional performance was so fundamentally flawed that no educational and/or organisational action plan has a realistic prospect of success. He also sought to restrain the Defendant from proceeding to hear and determine allegations of misconduct which were alleged to have taken place more than four years ago, and damages.

Judges:

Slade J

Citations:

[2011] EWHC 2178 (QB)

Links:

Bailii

Health Professions

Updated: 17 September 2022; Ref: scu.442712

Cockburn, Regina (on The Application of) v Secretary of State for Health: Admn 29 Jul 2011

The claimant sought judicial review of the decision setting the level of pension payable to him as widower of a deceased general practitioner. He said that the amount payable would have been greater if he had been a women surviving a husband practitioner, since the regulations discounted his wife’s service before 1988.

Judges:

Supperstone J

Citations:

[2011] EWHC 2095 (Admin)

Links:

Bailii

Statutes:

National Health Service Pension Scheme Regulations 1995, European Convention on Human Rights 14

Jurisdiction:

England and Wales

Health Professions, Discrimination

Updated: 17 September 2022; Ref: scu.442438