Category: Health Professions

Condliff, Regina (on The Application of) v North Staffordshire Primary Care Trust: CA 27 Jul 2011

the claimant, a morbidly obese man, made a funding request to the trust for gastric surgery. This was refused because he did not meet the trust’s policy of offering funding to people who had a body mass index which exceeded a certain level. The claimant sought judicial review of the trust’s decision on the ground, inter alia, that it had breached his right to respect for his private and family life under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The court was asked whether article 8 of the European Convention on Human Rights makes it unlawful for a Primary Care Trust (PCT) to adopt an Individual Funding Request (IFR) policy by which all such requests are to be considered and determined exclusively by reference to clinical factors.
Held: The application was dismissed. Article 8 of ECHR did not give rise to a positive duty on a statutory health care provider to consider non-clinical, social or welfare considerations wider than the comparative medical conditions and medical needs of different patients when deciding on the allocation of funding for medical treatment.
Toulson LJ said of section 3 of the 2006 Act, ‘this is a public law duty and not a direct duty owed to individual patients’.

Judges:

Maurice Kay VP, Hallett, Toulson LJJ

Citations:

[2011] EWCA Civ 910, [2012] PTSR 460, (2011) 121 BMLR 192, [2011] HRLR 38, [2011] Med LR 572, [2011] ACD 113

Links:

Bailii

Statutes:

National Health Service Act 2006 3, European Convention on Human Rights8

Jurisdiction:

England and Wales

Citing:

Appeal from – Condliff, Regina (on The Application of) v North Staffordshire Primary Care Trust Admn 7-Apr-2011
The patient sought judicial review of the decision not to fund laparoscopic gastric by-pass surgery. He said that the policy by which all such requests are to be considered and determined exclusively by reference to clinical factors, infringed his . .

Cited by:

Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health Professions

Updated: 16 September 2022; Ref: scu.442230

Hussain and Others, Regina (on The Application of) v Secretary of State for The Health Department and Another: CA 14 Jul 2011

The court was asked whether general dental services contracts entered into between the local Primary Care Trust and each of the claimant dentists were contracts to which the claimants were entitled by virtue of article 4 of the 2005 Order.

Judges:

Richards, Leveson, Stanley Burnton LJJ

Citations:

[2011] EWCA Civ 800

Links:

Bailii

Statutes:

General Dental Services and Personal Dental Services Transitional Provisions Order 2005 4

Jurisdiction:

England and Wales

Health Professions

Updated: 16 September 2022; Ref: scu.441820

Ilangaratne v British Medical Association: ChD 9 May 2007

Judges:

Briggs J

Citations:

[2007] EWHC 920 (Ch), [2006] 1 Costs LR 101

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

see also – Ilangaratne v British Medical Association EAT 1-May-1998
. .
see also – Ilangaratne v British Medical Association EAT 11-May-1999
. .
see also – Ilangaratne v British Medical Association EAT 29-Sep-1999
. .
see also – Ilangaratne v British Medical Association and Another EAT 29-Mar-2001
. .
see also – Ilangaratne v British Medical Association and others EAT 29-May-2002
. .
see also – Dr J B Ilangaratne v British Medical Association Dr Richard Smith EAT 24-Mar-2003
EAT Race Discrimination – Direct . .
see also – Ilangaratne v British Medical Association ChD 4-Oct-2005
. .
Cited – Hazlett v Sefton Metropolitan Borough Council QBD 2-Dec-1999
The need for a party claiming his costs to give evidence to prove his entitlement to costs rather than relying on the presumption in his favour, will not arise if the defendant simply puts the complainant to proof of his entitlement to costs. The . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Costs

Updated: 10 September 2022; Ref: scu.251784

NR, Re Judicial Review: QBNI 21 Apr 2015

The Applicant challenged a decision of the Belfast Health and Social Care Trust concerning the disclosure of medical notes and records to the Applicant’s solicitor in advance of a hearing before the Mental Health Review Tribunal for Northern Ireland to determine the lawfulness of the Applicant’s detention in hospital.

Citations:

[2015] NIQB 35

Links:

Bailii

Jurisdiction:

Northern Ireland

Information, Health Professions

Updated: 08 September 2022; Ref: scu.546574

HK v General Pharmaceutical Council: SCS 11 Jul 2014

Appeal from Fitness to Practice Committee of the General Pharmaceutical Council. The practitioner had been suspended, but the penalty was imposed without apparent consideration of the committee’s power to make an alternative order

Judges:

Lord Drummond Young

Citations:

[2014] ScotCS CSIH – 61

Links:

Bailii

Statutes:

Pharmacy Order 2010

Jurisdiction:

Scotland

Cited by:

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

Health Professions

Updated: 08 September 2022; Ref: scu.534157

McGregor v Common Services Agency of The Scottish Health Service: SIC 2 Jul 2007

SIC Request for data on medical negligence claims – section 30(c), section 33(1)(b) and section 36(1) applied – public interest considered

Citations:

[2007] ScotIC 098 – 2007

Links:

Bailii

Statutes:

Freedom of Information (Scotland) Act 2002 1 2, The Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004

Scotland, Information, Health Professions

Updated: 08 September 2022; Ref: scu.434384

Unison, Regina (on The Application of) v Monitor and Others: Admn 9 Dec 2009

Cranston J referred to ‘the danger of resorting to [Hansard] except when it is absolutely required under Pepper v Hart’ and gave examples of the reasons why.

Judges:

Cranston J

Citations:

[2009] EWHC 3221 (Admin)

Links:

Bailii

Statutes:

National Health Service Act 2006

Jurisdiction:

England and Wales

Cited by:

Cited – Milner, Regina (on The Application of) v South Central Strategic Health Authority Admn 11-Feb-2011
The claimant sought to challenge the way the defendant had reached its decision to add flouride to the water supply, in having failed to comply with the requirements for consultation.
Held: The claim failed. The Regulations as enacted differed . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 07 September 2022; Ref: scu.383800

Mahfouz v Professional Conduct Committee of General Medical Council: CA 25 Mar 2004

Citations:

[2004] EWCA Civ 431

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – 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: 07 September 2022; Ref: scu.195892

Puri, Regina (on The Application of) v Bradford Teaching Hospitals NHS Foundation Trust: Admn 15 Apr 2011

The claimant, a consultant urologist complained that the manner of his dismissal by the defendant for alleged misconduct did not accord with his human rights.
Held: A person’s right to practise his profession was a civil right for the purposes of article 6. It was not in dispute but that a person’s right to practise his profession was a civil right for the purpose of Article 6. This is not the same as that person’s right to remain in his current employment.

Judges:

Blair J

Citations:

[2011] EWHC 970 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 6

Cited by:

Cited – Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust QBD 1-Aug-2011
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: . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights

Updated: 07 September 2022; Ref: scu.432853

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 to allow an appeal against their refusal.
Held: The knowledge of prejudicial material was not an absolute bar. The experience and training of the tribunal members was to be taken into account. No sufficient appearance of bias had been shown. However in the circumstances, the Coincil should have adjourned to allow the application to the High Court.

Judges:

Lord Justice Sedley Lord Justice Waller Lord Justice Carnwath

Citations:

[2004] EWCA Civ 233, Times 19-Mar-2004, Gazette 01-Apr-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Mahfouz, Regina (on the Application of) v General Medical Council Admn 27-Jun-2003
. .
Cited – Johnson v Leicestershire Constabulary QBD 7-Oct-1998
Where justices had become aware that a defendant had previous convictions, the test for whether they should be discharged was whether there was a real danger of bias from such knowledge. Proper allowance to be given for the effect of training given . .
Cited – Montgomery and Coulter v Her Majesty’s Advocate PC 19-Oct-2000
The test of whether a defendant’s common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing . .
Cited – Dr Ramachandran Subramanian v The General Medical Council PC 5-Dec-2002
PC (The Professional Conduct Committee of the GMC) The appellant, a locum general practitioner, had been charged with failing to examine a patient adequately and take prompt action to refer her to hospital. At . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
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 . .
Cited – Regina v Huddersfield Justices ex parte D QBD 1997
Magistrates should in general seek to avoid adjourning cases part-heard, for applications to be made to the court: ‘Rather they should as a general rule proceed to their own final determination and leave a dissatisfied party to appeal to the Crown . .
Cited – Regina (Hounslow London Borough Council) v School Appeal Panel CA 2002
There was a hearing before the panel relating to admission of children to particular schools.
Held: The proceedings had got ‘bogged down with questions of legality and the possibility of judicial review’. Applications for judicial review in . .

Cited by:

See Also – Mahfouz v Professional Conduct Committee of General Medical Council CA 25-Mar-2004
. .
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: 06 September 2022; Ref: scu.194288

Gupta v The General Medical Council: PC 18 Dec 2001

(The Health Committee of the GMC) A doctor had been found guilty of serious professional misconduct by the Professional Conduct Committee of the General Medical Council. She appealed on the basis that they had not given reasons for the factual basis of their decisions. It was argued that the Board having recognised that its role was not merely supervisory of the Committee, but also appellate, it should extend its normal practice to include reasons, so that an appeal could be pursued.
Held: The cases had indeed established that the Board sat in an appellate capacity, but it exercised that role by means of reading transcripts. There was no general duty on the committee to give reasons for its decisions on matters of fact, and particularly so when the decision rested on views as to the credibility of witnesses who had appeared before the committee. ‘The purpose of the sanctions is not to be punitive, but to protect the public interest, although they may have a punitive effect.’

Judges:

Lord Rodger, Lord Steyn, Lord Hobhouse

Citations:

Times 09-Jan-2002, [2001] UKPC 61, [2002] 1 WLR 1691, 44 of 2001, [2002] ICR 785, (2002) 64 BMLR 56, [2002] Lloyd’s Rep Med 82

Links:

PC, PC, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Preiss v General Dental Council PC 17-Jul-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 . .
Cited – Dr Ghosh v The General Medical Council PC 25-Jun-2001
(Professional Conduct Committee of the GMC) The Board of the Privy Council, when acting to hear an appeal from the disciplinary committee of the General Medical Council would in future deal with the case by way of a rehearing. Given the nature of . .
Appeal from – 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 . .
Approved – Bolton v The Law Society CA 8-Dec-1993
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 . .

Cited by:

Appealed to – 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 . .
Cited – Council for the Regulation of Healthcare Professionals v General Medical Council and Dr Solanke Admn 30-Apr-2004
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 . .
Cited – 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 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 . .
Cited – 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 . .
Cited – Mubarak v General Medical Council Admn 20-Nov-2008
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 . .
Cited – Southall v The General Medical Council Admn 22-May-2009
The doctor appealed against the erasure of his name from the register of medical practitioners after a finding of serious professional misconduct. There had been earlier similar findings, but based on different allegations.
Held: The doctor’s . .
Cited – Raschid v General Medical Council Admn 30-Mar-2006
. .
Cited – Fatnani and Another v General Medical Council CA 15-Jan-2007
Two doctors appealed against the erasure of their names from the register by the Fitness to practice panel. . .
Cited – Luthra v General Medical Council Admn 18-Feb-2013
The doctor said that the erasure of his name from the register was disproportionate. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 06 September 2022; Ref: scu.167226

Forge Care Homes Ltd and Others v Cardiff and Vale University Health Board and Others: CA 2 Feb 2016

The Health Trusts appealed against the quashing at first instance of the rates they were to pay for nursing care to certain residents in care homes. The Health Boards conceded, as they had done below, that they had been wrong to exclude the nurses’ stand-by time (part of (d) in para 6 above) from their calculations.
Held: Subject to that concession, the appeal succeeded. The Judge’s construction gave insufficient weight to the excepting words at the end of section 49(2). These clearly distinguished between different services provided by a nurse at a care home. It did not follow from the fact that a nurse needed to be on call at all times that everything she did while on duty was a service which needed to be provided by a registered nurse. Whether what she did fell within the definition was a factual rather than a legal question.

Judges:

Laws, Elias, Lloyd Jones LJJ

Citations:

[2016] EWCA Civ 26, [2016] PTSR 908, [2016] WLR(D) 63, [2016] PTSR 1202

Links:

Bailii, WLRD

Statutes:

Health and Social Care Act 2001 49, Care Homes (Wales) Regulations 2002 18(3)

Jurisdiction:

Wales

Citing:

Appeal from – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others Admn 11-Mar-2014
The claimant care home sought judicial review of decisions setting the rates for funded nursing care. The care homes’ challenge was on the basis that too restrictive an interpretation of ‘nursing care by a registered nurse’ had been adopted.

Cited by:

At CA – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others SC 2-Aug-2017
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 04 September 2022; Ref: scu.559516

Ezsias v North Glamorgan NHS Trust: EAT 18 Mar 2011

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 action taken against him because of his conduct. Accordingly, it had been open to the Employment Tribunal to rule that such disciplinary procedures as applied when allegations of misconduct were made did not have to be invoked in his case.
(2) The other issues to which the appeal related did not raise any questions of principle.

Judges:

Keith J

Citations:

[2011] UKEAT 0399 – 09 – 1803, [2007] ICR 1126, [2007] 4 All ER 940, (2011) 121 BMLR 84, [2011] IRLR 550, [2011] Med LR 251

Links:

Bailii

Statutes:

Employment Rights Act 1996 103A

Jurisdiction:

England and Wales

Citing:

See Also – Ezsias v North Glamorgan NHS Trust EAT 25-Jul-2006
EAT Employment Tribunal struck out unfair dismissal claims stating they were bound to fail. The employers had made two applications, one for a deposit to be ordered pursuant to rule 20 of the Employment Tribunal . .
See Also – Ezsias v North Glamorgan NHS Trust CA 7-Mar-2007
The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT.
Held: A claim should not be struck out where, as here, there were facts . .
Cited – Street v Derbyshire Unemployed Workers’ Centre CA 21-Jul-2004
The claimant alleged that she had been dismissed for making qualifying disclosures about her employers. The employer said that her actions had not been in good faith. The claimant answered that her motive was irrelevant. The claimant appealed . .
Cited – Skidmore v Dartford and Gravesham NHS Trust HL 22-May-2003
The disciplinary code for doctors employed by the NHS provides different procedures cases involving allegations of ‘professional conduct’ or ‘personal conduct.’ The first would involve a more judicial process, and the second a more informal . .
Cited – Perkin v St Georges Healthcare NHS Trust CA 12-Oct-2005
A senior employee had been dismissed because his manner and management style had led to a breakdown in his relationships with other members of the senior executive team. The employment tribunal had considered whether his dismissal for that reason . .
Cited – D’Sa v University Hospital Coventry and Warwickshire NHS Trust CA 18-Jun-2001
An inquiry panel had concluded that the surgeon had been guilty of professional misconduct, but had recommended that the appropriate disciplinary sanction was that the surgeon should be warned about his behaviour. The court was now asked whether at . .
Cited – Buxton v Swansea NHS Trust 27-Apr-2007
Mercantile Court, Birmingham – The surgeon appellant had been dismissed by the NHS Trust which employed him. The reason for his dismissal was described as ‘a breakdown in relations between yourself and your Consultant colleagues that is both mutual . .

Cited by:

Cited – Lockey v East North East Homes Leeds EAT 14-Jun-2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
Striking out – unfair dismissal and wrongful dismissal.
As to unfair dismissal, since (as the Employment Judge recognised) it was arguable that an . .
Lists of cited by and citing cases may be incomplete.

Employment, Health Professions

Updated: 04 September 2022; Ref: scu.430683

Janaway v Salford Area Health Authority: HL 1 Feb 1988

The plaintiff took work as a secretary at a health centre, but objected to having to type out letters referring patients to an abortion clinic, saying that she conscientiously objected to participation in the process.
Held: Her appeal was dismissed. The phrase ‘participate in’ as used in the 1967 Act should be taken to have its normal and natural meaning. ‘any treatment authorised by this Act’ meant the process of treatment in hospital for the termination of pregnancy and ‘participating’ meant actually taking part in that process. It did not have the extended meaning given to participation by the criminal law. That meaning would not include a secretary’s activity as part of the treatment or medical process, and she had no right to be not involved.
Lord Keith explained that section 4 created ‘something of a compromise in relation to conscientious objection’. He agreed with Nolan J, who had observed ‘not begun or, I imagine, finally decided upon before the patient arrives at the hospital. The treatment is not simply abortion. It includes pre and post operative care. It covers the case where, for one reason or another, no abortion in fact takes place’, and the dissenting opinion of Balcome LJ in the courts below, considering that the word ‘participate’ should be given its natural meaning. It had not been used to cover the many forms of accessory who might be described as ‘participating’ in a criminal act.

Judges:

Lord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Griffiths, Lord Goff of Chieveley, Lord Lowry

Citations:

[1989] AC 537, (1988) 3 BMLR 137, [1988] UKHL 17, [1988] 3 All ER 1079, [1989] 1 FLR 155, [1988] 2 WLR 442, [1988] Fam Law 389

Links:

Bailii

Statutes:

Abortion Act 1967 4(1)

Jurisdiction:

England and Wales

Cited by:

Cited – British 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 . .
Cited – 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 . .
Cited – 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: 03 September 2022; Ref: scu.430537

Keating and Others, Regina (on the Application Of) v Cardiff Local Health Board: CA 6 Jul 2005

The applicants appealed refusal of their application for judicial review of the refusal of the respondents to provide funding for a hydrotherapy pool or a non-nursing day centre. The centre provided these facilities to support those with mental health difficulties.
Held: The word ‘facilities’ took its meaning from the context. It would not be correct for funding of the building to be provided by the respondent with another body funding the personnel to run it. The respondent was free to fund the service it it felt it appropriate.

Judges:

Brooke LJ, Arden LJ, Longmore LJ

Citations:

[2005] EWCA Civ 847, Times 06-Sep-2005, : [2006] 1 WLR 158

Links:

Bailii

Statutes:

National Health Service Act 1977 3(1)(e)

Jurisdiction:

England and Wales

Citing:

Appeal from – Keating and Others, Regina (on the Application Of) v Cardiff Local Health Board Admn 23-Mar-2005
. .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 02 September 2022; Ref: scu.228430

Agarwal v General Medical Council: PC 18 Dec 2003

(General Medical Council) Appeal from a decision of the Professional Conduct Committee of the respondent giving a direction that his name should be erased from the Medical Register, following a finding by the Committee that the appellant was guilty of serious professional misconduct.

Citations:

[2003] UKPC 87

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 02 September 2022; Ref: scu.189869

Dr Silver v The General Medical Council: PC 14 Apr 2003

(General Medical Council) The appellant appealed a finding of serious professional misconduct and his suspension from the medical register for twelve months. Over a nine day period despite prompts from the son, a daughter and two other health care professionals, the appellant failed to ensure that the patient received suitable or prompt medical attention. The patient was eventually admitted to hospital by the emergency services and found to be suffering from a fractured neck of the left femur. He claimed that a witness had been shown to have not told the truth and this his whole evidence should have been rejected.
Held: The committee had heard the witness and taken only part of his evidence as tru. They were not under a duty to reject it all. There was one finding in an entire career, and the board were not satisfied that the committee had followed the correct reasoning. The finding of serious professional misconduct could not be supported.

Judges:

Lord Hutton, Lord Rodger of Earlsferry, Sir Philip Otton

Citations:

[2003] UKPC 33

Links:

Bailii, PC, PC

Jurisdiction:

England and Wales

Citing:

Cited – Roylance v The General Medical Council (No 2) PC 24-Mar-1999
(Medical Act 1983) Dr Roylance was the chief executive of a hospital in which there had been excessive mortality rates of children who underwent cardiac surgery and had failed to take steps to deal with the problem.
Held: A doctor who carried . .
Cited – Doughty v General Dental Council PC 1988
The court summarised the characteristics of actions which would constitute serious professional misconduct. . .
Cited – Dr Narasinga Mukunda Rao vThe General Medical Council PC 9-Dec-2002
PC (The Professional Conduct Committee of the GMC) The misconduct was a single incident. There was undoubted negligence but something more was required to constitute serious professional misconduct and to attach . .

Cited by:

Distinguished – Regina (on the Application of Jennifer Campbell) v The General Medical Council CA 11-Mar-2005
The Council complained that when assessing disciplinary charges against the doctor, they had taken into account when looking at his guilt, his professional reputation.
Held: A doctor’s reputation was relevant only when considering any . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 02 September 2022; Ref: scu.180770

Dr Qureshi v The General Medical Council: PC 14 Jul 2003

PC (The Committee on Professional Performance of the GMC) A complaint had been made against the doctor with regard to certain areas of his practice. The committee had ordered him to undergo assessments also of other areas of his practice.
Held: Krippendorf should not be read to restrict the Committee to ordering assessments only in respect of those areas of a doctor’s practice about which complaint had been made. Some skills are central to almost any doctor’s practice, and evidence of deficiencies in one area might well suggest the need for assessmnet in others. The statute was not limited in the way suggested, and the appeal was denied.

Citations:

[2003] UKHL 56, Times 03-Sep-2003

Links:

Bailii, PC

Statutes:

Medical Act 1983 36A

Jurisdiction:

England and Wales

Citing:

Cited – Dr Manjula Krippendorf v The General Medical Council PC 24-Nov-2000
(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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 02 September 2022; Ref: scu.185167

Healthcare At Home Ltd v The Common Services Agency: SCS 1 Feb 2011

Outer House – The pursuer sought an order in terms of the Regulation, setting aside the decision of the defender to award the ‘NP 341/10 Trastuzumab Homecare and Near Patient Treatment Services’ Framework Agreement to BUPA Home Healthcare Ltd.

Judges:

Lord Menzies

Citations:

[2011] ScotCS CSOH – 22

Links:

Bailii

Statutes:

Public Contracts (Scotland) Regulations 2006 47A91)(b)(I), Directive 2004/18/EC

Jurisdiction:

Scotland

Cited by:

Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 1-May-2012
Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor. . .
Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 21-Mar-2013
Inner House – Healthcare challenged the loss of a contract for provision of cancer treatments for their patients to a competitor. . .
Outer House – Healthcare at Home Ltd v The Common Services Agency SC 30-Jul-2014
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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Contract, European

Updated: 01 September 2022; Ref: scu.428685

Moore and others v Care Standards Tribunal and Another: CA 24 May 2005

The claimants were residents of care homes. The homes were owned by charitable companies providing housing and support for persons with mental disorders. The company’s had altered the agreements so that the claimants became assured tenants. The claimants appealed the refusal of the respondents to de-register the homes.
Held: The appeals were dismissed. The crucial question was whether the homes continued to provide services which came within the ambit of the Act. If they did, then whether the services were provided by means of a licence or an assured tenancy would not make a fundamental difference.

Judges:

Waller LJ, Mance LJ, Sir William Aldous

Citations:

[2005] EWCA Civ 627, Times 30-May-2005, [2005] 1 WLR 2979, [2005] 3 All ER 428

Links:

Bailii

Statutes:

Care Standards Act 2000 11, Protection of Children Act 1999 9

Jurisdiction:

England and Wales

Citing:

Cited – Street v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 01 September 2022; Ref: scu.225230

AVS v A NHS Foundation Trust and Another: CA 17 Jan 2011

The claimant contracted sporadic Creutzfeldt Jakob’s Disease disease. He executed a Lasting Power of Attorney in favour of his brother, expressing to him that he should do whatever was possible to protract his life. The brother now sought treatment accordingly, referring to an experimental treatment. He was given the treatment initially, but the hospital refused him the surgery required to replace the required pump, saying that his unchanged condition indicated that the treatment was in any event ineffective. Several doctors gave expert opinions. In the absence of evidence that any doctor would be prepared to provide the care requested, the case stood dismissed. The brother appealed.
Held: The appeal was rejected. The court asked whether the brother could properly continue as the patient’s best friend, applying rule 140(1). There was no question of anybody here interfering in the claimant’s treatment, but there was nobody prepared to offer the facility required.

Judges:

Ward, Petten, Black LJJ

Citations:

[2011] EWCA Civ 7

Links:

Bailii

Statutes:

Court of Protection Rules 2007 140

Jurisdiction:

England and Wales

Citing:

Cited – Gawler v Raettig (Leave) CA 3-Dec-2007
Application for leave to appeal. . .
Cited – Burke, Regina (on the Application of) v General Medical Council and others (Official Solicitor and others intervening) CA 28-Jul-2005
The claimant suffered a congenital degenerative brain condition inevitably resulting in a future need to receive nutrition and hydration by artificial means. He was concerned that a decision might be taken by medical practitioners responsible for . .
Cited – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Salem HL 3-Mar-1999
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are . .
Cited – Regina v Secretary of State Home Dept ex parte Wynne HL 17-Mar-1993
A prisoner wishing to appear at court in civil proceedings needed under the Act to apply for his own production to court, and to make arrangement for payment of the costs of being produced at court.
Held: A Legislature could so provide even . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Litigation Practice

Updated: 31 August 2022; Ref: scu.428024

David v General Medical Council: QBD 21 Dec 2004

The doctor sought judicial review of a decision by the GMC’s Preliminary Proceedings Committee to refer a complaint to the full Professional Conduct Committee.
Held: The court should be reluctant to intervene at such a stage in proceedings. Though the PPC worked on paper only and without opportunity for representation, in effect the cautions placed upon its decisions applied also in any judicial review of its decision. The court should be particularly careful when assessing medical evidence. Unlike the PPC it was not medically qualified. Review refused.

Judges:

Stanley Burnton J

Citations:

[2004] EWHC 2977 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 29 August 2022; Ref: scu.222564

Council for the Regulation of Healthcare Professionals v General Medical Council and Dr Solanke: Admn 30 Apr 2004

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 sentence or one that is said to be unduly lenient. In technical cases it will be more difficult because of their expertise to say that the PCC have exceeded the bounds within which the range of an appropriate decision lies. The approach of the GMC and of the PCC was open to legitimate criticism; rather more information should have been available to it; no doctor in these circumstances need give evidence; expressions of remorse or regret not backed up by a willingness to answer questions about the true extent both of the misconduct and the remorse, however, are unlikely to be very convincing. Nevertheless, the appeal was dismissed.

Judges:

Leveson J

Citations:

[2004] EWHC 944 (Admin), Times 10-May-2004, [2004] Lloyds Rep Med 377, [2004] ACD 55, [2004] 1 WLR 2432

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General’s Reference (No 4 of 1989) CACD 1990
The court considered the approach to be taken by an appellate court asked to review a sentence said to be unduly lenient: ‘The first thing to be observed is that it is implicit in the section that this Court may only increase sentences which it . .
Cited – The Council for the Regulation of Healthcare Professionals v The Nursing and Midwifery Council and Truscott QBD 31-Mar-2004
A nurse was found guilty of misconduct. The Council sought to appeal the penalty, saying it was too lenient.
Held: The nurse had accessed explicit and offensive web-sites, and been cautioned. The council had the power to make such an . .
Cited – Council for the Regulation of Health Care Professionals v The General Medical Council, Dr Ruscillo Admn 29-Mar-2004
The doctor had been acquitted by the respondent of serious professional misconduct. The applicant sought to appeal to the General Medical Council.
Held: The Act gave the applicant statutory powers of regulation of the bodies regulating the . .
Cited – Bolton v The Law Society CA 8-Dec-1993
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 . .
Cited – Gupta v The General Medical Council PC 18-Dec-2001
(The Health Committee of the GMC) A doctor had been found guilty of serious professional misconduct by the Professional Conduct Committee of the General Medical Council. She appealed on the basis that they had not given reasons for the factual basis . .
Cited – Attorney General’s Reference (No 132 of 2001) CACD 2003
The court discussed the intended meaning of ‘unduly lenient’: ‘[T]here is a line to be drawn . . between the leniency of a sentence in any given case and a sentence which is ‘unduly’ lenient . . The purpose of the system of Attorney-General’s . .
Cited – Regina v Newsome and Browne CACD 1970
The test of whether a sentence claimed to be too severe on appeal is whether it is ‘wrong in principle or manifestly excessive’. . .
Cited – Abrahaem, Regina (on the Application Of) v General Medical Council Admn 26-Jan-2004
The court considered the duties of the High Court when assessing a decision of a professional tribunal: ‘The position is now more accurately stated as requiring appropriate respect to be given to the opinion of the professional tribunal. It is . .
Cited – AbuRomia v General Medical Council Admn 7-Nov-2003
When hearing an appeal against a penalty imposed by the conduct committee the court could ‘only intervene if the penalty . . is disproportionate to the misconduct’ and ‘If the Committee has taken all relevant factors into account and reached a . .
Cited – Neil v Ryan CA 23-Jul-1998
The court considered the power to increase a sentence of committal for contempt of court: ‘Before considering any increase in sentence or changing the impact of any sentence adversely to the defendant we have to remind ourselves that this is a power . .
Cited – Lomas v Parle CA 18-Dec-2003
The respondent had been sentenced to two months imprisonment for breaches of orders under the Act. The wife appealed, seeking to increase the sentence. The maximum sentence was two years.
Held: The court had to consider such cases in the light . .
Cited – Dr Christopher Dare v The General Medical Council PC 16-Oct-2002
(The Professional Conduct Committee of the GMC) The patient started psychotherapy with a therapist because she was having problems establishing personal relationships. After that therapist died, she received treatment from Dr Dare, some three times . .

Cited by:

Cited – 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 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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 29 August 2022; Ref: scu.196100

Council for the Regulation of Health Care Professionals v The General Medical Council, Dr Ruscillo: Admn 29 Mar 2004

The doctor had been acquitted by the respondent of serious professional misconduct. The applicant sought to appeal to the General Medical Council.
Held: The Act gave the applicant statutory powers of regulation of the bodies regulating the health professions. It had power to make the application, and was not required to wait until the outcome of other investigations by the GMC

Judges:

Mr Justice Leveson

Citations:

[2004] EWHC 527 (Admin), Times 08-Apr-2004, Gazette 22-Apr-2004, [2004] Lloyds Rep Med 365, [2005] ACD 46, [2004] 1 WLR 2068

Links:

Bailii

Statutes:

National Health Service Reform and Health Care Professions Act 2002

Jurisdiction:

England and Wales

Cited by:

Cited – Council for the Regulation of Healthcare Professionals v General Medical Council and Dr Solanke Admn 30-Apr-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 29 August 2022; Ref: scu.194990

Moore, Regina (on The Application of) v Skipton Fund Ltd and Secretary of State for Health: Admn 1 Dec 2010

The claimant had contracted Hepatitis C after receiving a blood transfusion. She now challenged as unlawful the ex gratia scheme of compensation set up by the second respondent.

Judges:

Kenneth Parker J

Citations:

[2010] EWHC 3070 (Admin), [2011] Med LR 165, (2011) 117 BMLR 185

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Personal Injury

Updated: 28 August 2022; Ref: scu.427021

Khazne, Regina (on The Application of) v General Medical Council: Admn 3 Nov 2010

Applicant’s statutory appeal against the decision of the General Medical Council’s Fitness to Practice Panel, given on 26 November 2008, that (1) his fitness to practice was impaired; and (2) his name should be erased from the Medical Register.

Judges:

Burnett J

Citations:

[2010] EWHC 2962 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 28 August 2022; Ref: scu.426730

Biswas v General Medical Council: Admn 16 Oct 2003

The doctor appealed findings of unprofessional misconduct in respect of three patients.
Held: The court could identify no error of law in the findings, and the committee had evidence before them to support the findings they had made.

Judges:

The Honourable Mr Justice Wall

Citations:

[2003] EWHC 2342 (Admin)

Links:

Bailii

Statutes:

Medical Act 1983 40(1)

Jurisdiction:

England and Wales

Health Professions

Updated: 27 August 2022; Ref: scu.186827

Assura Pharmacy Ltd, Regina (on the Application of) v National Health Services Litigation Authority (Family Health Services Appeal Unit): Admn 21 Feb 2007

Citations:

[2008] EWHC 289 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Assura Pharmacy Ltd, Regina (on the Application of) v National Health Service Litigation Authority (Family Health Services Appeal Unit) CA 5-Dec-2008
The parties challenged the refusal and admission to the respective lists of pharmacies allowed to operate in the Todmorden and Freckleton districts. The judge had said that the local PCTs had departed from the appropriate ministerial guidance which . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 26 August 2022; Ref: scu.266105

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

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 broad principle in Article 43 EC and any in specific community legislation. Rights of establishment are not to be used to put a person relying on rights derived from movement between member states in a better position than the citizens of the host state to which he moves. The purpose of Article 8 is to enable the incoming applicant to acquire, and thereafter to practise under, the qualification awarded by the host state. Since the Authority exercised a specialist knowledge its decision would have to be clearly irrational before a court could intervene. That had not been shown here.

Judges:

Lord Justice Aldous Lord Justice Buxton Lord Justice Rix

Citations:

[2003] EWCA Civ 609

Links:

Bailii

Statutes:

European Specialist Medical Qualifications Order 1995, Directive 93/16/EEC, Article 43 EC

Jurisdiction:

England and Wales

Citing:

Cited – Practice Direction on the Citation of Authorities LCJ 9-Apr-2001
The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, . .
Cited – Commission v Spain ECJ 16-May-2002
. .
Cited – Conseil national de l’ordre des architectes v Nicolas Dreessen ECJ 22-Jan-2002
Europa Reference for a preliminary ruling: Cour de cassation – Belgium. Reference for a preliminary ruling – Articles 10 EC and 43 EC – National legislation restricting access to the profession of architect to . .
Cited – Vlassopoulou v Ministerium fur Justiz, Bundes- u Europaangelegenheiten Baden-Wurttemberg ECJ 7-May-1991
The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a . .
Cited – Hocsman ECJ 14-Sep-2000
The blanket prohibition in Article 43 will prevent unjustified restrictions such as ‘French doctors cannot practise in the United Kingdom’, but the next step is to harmonise the basis on which the qualification is granted; otherwise it becomes . .
Cited – Vlassopoulou v Ministerium fur Justiz, Bundes- u Europaangelegenheiten Baden-Wurttemberg ECJ 7-May-1991
The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a . .
Cited – Van De Bijl v Staatssecretaris Van Economische Zaken ECJ 27-Sep-1989
When looking at certificates of professional competence issued by other member states, the host Member State cannot be obliged to overlook matters which occurred within its own territory and which are of direct relevance to the real and genuine . .
Lists of cited by and citing cases may be incomplete.

Health Professions, European, Administrative

Updated: 26 August 2022; Ref: scu.181958

Gillberg v Sweden: ECHR 2 Nov 2010

The applicant, professor in adolescent psychiatry had collected assorted data after having given undertakings to the parents of the children as to its absolute privacy. A sociologist had applied for and been given authority for its release by the Swedish Courts. The applicant had been refused a right tp participate in the court proceedings, and refused access. His colleagues destroyed the data, and he was prosecuted and convicted.
Held: His claims failed.

Judges:

Josep Casadevall, P

Citations:

41723/06, [2010] ECHR 1676

Links:

Bailii

Statutes:

European Convention on Human Rights, Helsinki Declaration

Citing:

Cited – Akdivar and Others v Turkey ECHR 16-Sep-1996
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (abuse of process); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Violation of Art. 25-1; Violation of P1-1; No . .

Cited by:

3rd Section judgment – Gillberg v Sweden ECHR 3-Apr-2012
(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Information, Health Professions

Updated: 25 August 2022; Ref: scu.425735