Category: Health Professions

Gryf-Lowczowski v Hinchingbrooke Healthcare NHS Trust: QBD 2 Nov 2005

In the course of an application for an interim injunction to prevent the Defendant dismissing the Claimant until disciplinary proceedings had been completed, the Judge considered the adequacy of damages as an alternative remedy: ‘On the other hand, if no injunctive relief is granted and if (as seems likely) the Trust does summarily dismiss Mr Gryf-Lowczowski, he would be confined to a claim for damages for wrongful or unfair dismissal. The former would be limited to the contractual notice period of three months; the latter is statutorily capped at andpound;56,000. I am unable to accept that in the circumstances of the present case such a remedy in damages is adequate.’

Judges:

Gray J

Citations:

[2005] EWHC 2407 (QB), (2006) 87 BMLR 46, [2006] IRLR 100, [2006] Lloyd’s Rep Med 199, [2006] ICR 425

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Edwards v Chesterfield Royal Hospital NHS Foundation Trust QBD 31-Jul-2009
The claimant, a consultant surgeon had been subject to disciplinary proceedings by his employer. They were however conducted in a manner which breached his contract. The GMC had summarily dismissed the same allegations. The claimant now appealed . .
Followed – Kircher v Hillingdon Primary Care Trust QBD 13-Jan-2006
. .
Lists of cited by and citing cases may be incomplete.

Employment, Health Professions, Damages

Updated: 04 July 2022; Ref: scu.235126

Malekout, Regina (on the Application Of) v Secretary of State for Health: CA 11 Oct 2005

The claimant had been obliged to retire from his practice as a dentist after an injury. He had continued to work for three years at a much reduced income. He said that the pension benefits payable to him had been miscalculated, and that by taking the period too short, the later years reduced earnings had improperly reduced the average and the payable pension. He claimed that the calculation had been made under the new regulations, but had they been calculated under the earlier regulations applicable at the time, the longer period should have been used.
Held:The appeal was dismissed. The calculation depended on the ‘date of deemed retirement’, which in turn depended upon the eligibility to retirement. The term eligible could relate only to current eligibility. On that basis the respondent’s interpretation was correct. Had appropriate notice been given the claimant might have had any adverse result arising from the change in regulations disapplied. No such notice had been given, and no waiver was established. In any event any difference would have been minimal.

Judges:

Chadwick, Rix, Carnwath LJJ

Citations:

[2005] EWCA Civ 1170

Links:

Bailii

Statutes:

National Health Service (Injury Benefits) Regulations 1995

Jurisdiction:

England and Wales

Citing:

Appeal from – Malekout v Secretary of State for Health Admn 10-Dec-2004
The claimant had been a dentist. He was eligible for a health service injury allowance, having ceased to be employed because of an injury. He appealed a finding that he was entitled to benefit calculated only on the average of his emoluments . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 04 July 2022; Ref: scu.231045

British Medical Association v Chaudhary: CA 1 Nov 2002

Citations:

[2002] EWCA Civ 1710

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – British Medical Association v Chaudhary EAT 30-Apr-2002
. .

Cited by:

See Also – British Medical Association v Chaudhary CA 15-May-2003
The claimant had sought registration as a specialist medical practitioner by the respondent. His complaint that the crtiria used to reject his claim were discriminatory had been rejected by the employment tribunal and EAT on the basis that they had . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Health Professions

Updated: 03 July 2022; Ref: scu.217798

MA v Belfast Health and Social Care Trust: QBNI 4 Dec 2008

Medical practitioner – Health and Social Care Trust – contract of employment – disciplinary proceedings – disciplinary code – legal representation – Health and Personal Social Services (NI) Order 1991, Schedule 3, Part II – departmental directions – statutory duty on Trust to comply – common law right to a fair hearing – ingredients – context – propriety of injunctive relief – declaration – costs – discretion.

Judges:

McCloskey J

Citations:

[2008] NIQB 143

Links:

Bailii

Jurisdiction:

Northern Ireland

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

Updated: 01 July 2022; Ref: scu.279830

General Medical Council v Hiew: Admn 17 Oct 2006

Citations:

[2006] EWHC 2699 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See also – General Medical Council v Hiew Admn 20-Apr-2007
Application for extension of interim suspension order, now as restriction subject to conditions. . .
Appeal from – General Medical Council (GMC) v Hiew CA 30-Apr-2007
The doctor sought to challenge the extension of his suspension from practice.
Held: It was inappropriate in such an application to challenge the findings of fact which had led to the initial suspension. If he wished to do that, he should seek . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 01 July 2022; Ref: scu.246356

Mezey v South West London and St George’s Mental Health NHS Trust: QBD 20 Dec 2006

Judges:

Underhill J

Citations:

[2006] EWHC 3473 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Mezey v Southwest London and St George’s Mental Health NHS Trust QBD 9-Jan-2007
. .
See Also – Mezey v South West London and St George’s Mental Health NHS Trust CA 8-Feb-2007
Application for leave to appeal by defendant – refused. . .
See Also – Mezey v South West London and St George’s Mental Health NHS Trust QBD 5-Dec-2008
The claimant psychiatrist allowed freedom within the insecure grounds of the hospital to a newly admitted but unexamined patient. He left and committed a homicide. She was suspended pending disciplinary proceedings by the Trust. An expert report . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 30 June 2022; Ref: scu.279539

De Taranto v Cornelius: CA 17 Oct 2001

Mrs Cornelius fell into difficulties at her employment, and in the course of claiming damages, obtained a report from the appellant psychiatrist. There was a dispute, but the claimant said she had refused consent to her being referred again to another consultant. She said she had wanted a report for the purposes of the proceedings only. When the report was copied to other professionals, including her doctor, she claimed damages for defamation and breach of confidence by the Doctor. The issue resolved itself to the question of whether she had been referred for treatment or for a report.
Held: Although the judge’s findings as to the credibility of the two protagonists was difficult to reconcile with his findings, that aspect did not undermine the second finding that the report was to be prepared for one purpose, and was not should not have been or used for other purposes disclosed without the complainant’s consent.

Judges:

Lord Justice Simon Brown Lord Justice Mantel, And Citations: [2001] EWCA Civ 1511, [2002] EMLR 6, (2002) 68 BMLR 62

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property, Health Professions

Updated: 29 June 2022; Ref: scu.166644

The Council for the Regulation of Health Care Professionals v General Dental Council and Alexander Fleischmann: Admn 3 Feb 2005

The dentist had been sentenced to a three year community rehabilitation order for incitement to distribute indecent photographs of children. The Dental Council had suspended his licence for 12 months.
Held: A suspension should last at least until completion of a criminal sentence, with only limited exceptions. The sentence was therefore unduly lenient, and the proper order was for his erasure from the register was ordered.

Judges:

Newman J

Citations:

[2005] EWHC 87 (Admin), Times 08-Feb-2005

Links:

Bailii

Health Professions

Updated: 29 June 2022; Ref: scu.222173

Jones v Commission for Social Care Inspection: CA 16 Dec 2004

Registration of Nursing Home. Brooke LJ: ‘I have no hesitation in holding that an applicant must demonstrate to the Commission, and if there is an appeal, the Care Standards Tribunal, that he is a fit person before he can be qualified for registration . . It would be absurd if the onus of proof were placed on the Commission to demonstrate unfitness before it could refuse registration.’ Thomas LJ ‘ A manager of a care home occupies an important position of trust and must . . demonstrate that he is fit and proper to hold such a position; any doubts must be resolved against registration.’

Judges:

Brooke LJ, Thomas LJ

Citations:

[2004] EWCA Civ 1713, Times 04-Jan-2005

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – SJ v Ofsted CST 22-Dec-2004
The respondent had refused the applicant a registration as a child minder. She appealed but had to ask for adjournment to find public funding to assist her in making the application. Legal Aid not being generally available, the adjournment was . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 27 June 2022; Ref: scu.220348

Threlfall v General Optical Council: Admn 26 Nov 2004

The optician, a registered opthalmic optician appealed a finding of serious professional misconduct in having failed to diagnose a patient’s condition when referring her to the hospital.
Held: The appeal succeeded. An optician carrying out an examination was not required to undertake investigations to diagnose an illness. It was sufficient, having identified that there was some problem requiring treatment, to refer the patient on to a hospital or other medical practitioner.

Judges:

Stanley Burnton J

Citations:

[2004] EWHC 2683 (Admin), Times 02-Dec-2004

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: 27 June 2022; Ref: scu.219725

Uruakpa, Regina (on the Application Of) v British Council: CA 18 Nov 2002

Renewed application by Dr Uruakpa in judicial review proceedings from a decision as to whether the British Council were entitled to withdraw their sponsorship of him under their scheme for sponsoring those wishing to undertake medical training in the United Kingdom.

Citations:

[2002] EWCA Civ 1749

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Immigration

Updated: 27 June 2022; Ref: scu.217872

Bhanot v South West London and St George’s Mental Hospital NHS Trust: ChD 2000

The court considered its jurisdiction to intervene in disciplinary proceedings against a doctor, where the Trust had decided the allegation was of personal misconduct.
Held: This was an action for breach of contract and what the court was deciding was whether on the information before it the case of breach of contract is sufficiently strong to make the order sought.

Judges:

Bell J

Citations:

[2000] Lloyd’s Rep Med 324

Jurisdiction:

England and Wales

Citing:

Not followed – Kramer v South Bedforshire Health Care Trust ChD 16-Oct-1995
It was for the Trust employer to decide which kind of disciplinary proceedings to institute. Absent bad faith or Wednesbury unreasonableness, the employer’s decision on categorisation was final. There can be no reason otherwise to include in the . .

Cited by:

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

Health Professions, Employment

Updated: 27 June 2022; Ref: scu.182501

Dhasmana, Regina (on the Application of) v Secretary of State for Health and Another: CA 14 Feb 2001

Renewed application for permission to appeal against the refusal to grant permission to the applicant to bring proceedings for judicial review in relation to a decision of the Secretary of State to the effect that he had no jurisdiction to entertain an appeal launched by the applicant under paragraph 190 of the National Health Service Terms and Conditions of Service for Hospital Medical and Dental Staff. Gibbs J had refused judicial review permission on the papers. I refused permission to appeal to this court on the papers on 24th January 2001.

Judges:

Laws LJ

Citations:

[2001] EWCA Civ 250

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 27 June 2022; Ref: scu.217978

Sanjivi v East Kent Health Authority: CA 25 Jan 2001

Renewed application for permission to appeal.

Judges:

Longmore LJ

Citations:

[2001] EWCA Civ 125

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Sanjivi v East Kent Health Authority QBD 19-Dec-2000
A person who applied to the Registered Homes Tribunal, had to be the owner of the home at the time when the order sought came to be made. In this case, the registration had been cancelled. The applicant appealed to the tribunal. The hearing was . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 27 June 2022; Ref: scu.217954

Lowe and Others, Regina (on the Application of) v Family Health Services Appeal Authority: CA 26 Jan 2001

The court considered applications to join the lists of pharmacies in an area, and the adequacy of current provision. Laws LJ said: ‘What is ‘adequate’ is a question of degree. There is, as it has been described, a spectrum or ‘continuum’ of adequacy.
That is, I think, ordinarily a feature of the term ‘adequate’ as a matter of language. But it is in any case a necessary feature of the term as it is used in Regulation 4(4) since if it were otherwise – if ‘adequate’ were to denote a single sharp edge, such that any given set of facts would fall plainly upon one or other side of it – then it would be impossible to arrive at any construction of the earlier phrase, ‘necessary or desirable’, other than one in which the word ‘desirable’ were otiose. If the provision were inadequate, it would simply be necessary to make it up by granting the application. If it were adequate, the application would have to be refused.
It follows that, while on the surface the first question for the decision-maker is simply whether existing provision is adequate, the real question is where on the sliding scale or spectrum of adequacy does this case on its facts belong.
To this, the logically available answers are:
(a) Wholly adequate. There is no magic in the word ‘wholly’: it simply refers to a state of affairs in which there is no question but that the existing provision suffices.
(b) Wholly inadequate. Again there is no magic in the adverb. This looks at a state of affairs where further provision must necessarily be made.
(c) Marginal, or somewhere between (a) and (b). There the decision-maker may conclude that it is desirable to grant the application in order to secure adequate provision. But
(d) There may be some slippage between what is marginal and the extremes, wholly adequate or wholly inadequate. To that extent there may be slippage also between what is necessary and desirable. The judgment to be made is emphatically pragmatic’.

Judges:

Laws LJ

Citations:

[2001] EWCA Civ 128

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – 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

Updated: 27 June 2022; Ref: scu.217943

Uruakpa, Regina (on the Application Of) v British Council: CA 8 Oct 2002

Application for permission to appeal a decision refusing the claimant and his wife, permission to seek judicial review of the British Council’s decision not to renew their sponsorship of the claimant.

Judges:

Laws LJ

Citations:

[2002] EWCA Civ 1742

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Health Professions

Updated: 27 June 2022; Ref: scu.217763

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 where the committee’s decision to acquit was inadequately founded. The purpose of section 29 was engaged just as much by a decision to acquit as by the imposition of a lenient sentence. It had to be shown (i) that the penalty imposed was unduly lenient either because the findings were inadequate or the penalty did not reflect the misconduct found, and (ii) it was in the public interest to take further action. As to the admission of new evidence on appeal the rules in Ladd v Marshall would apply at the High Court but not in proceedings under s29.

Judges:

Lord Justice Chadwick The Honourable Mr Justice Hooper Lord Philips Of Worth Matravers, Mr

Citations:

Times 27-Oct-2004, [2004] EWCA Civ 1356

Links:

Bailii

Statutes:

National Health Service Reform and Health Care Professions Act 2002 829

Jurisdiction:

England and Wales

Citing:

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 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 . .
per incuriam – Council for the Regulation of Healthcare Professionals v The General Medical Council, Dr Leeper Admn 30-Jul-2004
The Council appealed a decision of the respondent saying that the disciplinary measures imposed on the Doctor were insufficient.
Held: A reference to the Court from the tribunal operated as an appeal. It was therefore for the court to decide . .
Cited – In re Lo-Line Electric Motors Ltd 1988
When considering the filing of additional evidence changing allegations made under the 1986 Act, the paramount requirement is that the director facing disqualification must know the charge he has to meet. As to the standard of misbehaviour required . .
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 – 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 – 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 – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
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 by:

Applied – Council for the Regulation of Health Care Professions v General Medical Council and Another (Baslouny) QBD 7-Feb-2005
The doctor worked in the ear, nose and throat department. He was accused of having inappropriately examined a female patient’s groin and breasts. The council appealed a finding that one allegation was unproved.
Held: Under the Act, an appeal . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 23 June 2022; Ref: scu.216632

Holmes, Regina (on the Application of) v General Medical Council: CA 28 Oct 2002

Citations:

[2002] EWCA Civ 1838, [2002] All ER (D) 412

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Holmes and Others, Regina (on the Application Of) v General Medical Council and others CA 20-Jul-2001
. .

Cited by:

Cited – Henshall v General Medical Council and others CA 13-Dec-2005
The claimant had lodged a complaint against a medical practitioner. The preliminary proceedings committee had accepted evidence from the doctor, but had not given the complainant opportunity to see it and comment upon it.
Held: the rules must . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 23 June 2022; Ref: scu.217687

Walker v General Medical Council: PC 5 Nov 2002

(The Professional Conduct Committee of the GMC) The doctor appealed a decision of the GMC to erase his name. He complained that the legal assessor had exceeded his role, by giving his opinion as to the appropriate sanction, namely erasure.
Held: Difficulties had been created by differing memories of the events at the hearing, which should be avoided in future by the taking of satisfactory records of interventions even in in camera deliberations. However the expression of such an opinion could not be part of the role of the legal assessor, even though it was clear that in this case the opinion had not influence the committee. The assessor’s task was to provide legal advice. Here though, he had also offered advice as to the possibility of attaching conditions, whilst the proceedings were in camera. The rules clearly required his advice either to be given in the presence of all parties, or to be brought to the attention of the other party later. There had been a procedural irregularity, and the case was remitted.

Judges:

Hope of Craighead, Walker of Gestingthorpe

Citations:

Times 16-Nov-2002, [2002] UKPC 57, (2003) 71 BMLR 53

Links:

Bailii, PC

Statutes:

General Medical Council (Legal Assessors) Rules 1980 (1980 SI No 941) 4

Jurisdiction:

England and Wales

Health Professions

Updated: 21 June 2022; Ref: scu.178003

Dunning v United Liverpool Hospitals’ Board of Governors: CA 1973

Mrs D had been treated at hospital, and sought release of her records to establish whether she had any basis for a claim in negligence. The court considered whether an application under section 31 of the 1970 Act for pre-action discovery had been properly made. Given the delay, the court was asked whether a claim was ‘likely’ to be made.
Held: Whether the parties are likely to be parties in subsequent proceedings does not depend on the state of affairs prior to pre-action discovery. If one concentrates solely on things as they stand prior to pre-action discovery then it will often be impossible to say that anyone is likely to be a party to any subsequent proceedings.
Lord Denning MR said: ‘One of the objects of this section is to enable a plaintiff to find out – before he starts proceedings – whether he has a good cause of action or not’. ‘likely’ must be given its more extended and open meaning. A more restricted meaning would defeat the purpose of the statute.
James LJ said: ‘In order to take advantage of the section, the wording of which is no different from that of s 33(2) of the 1981 Act the applicant for relief must disclose the nature of the claim he intends to make and show not only the intention of making it but also that there is a reasonable basis for making it. Ill-founded, irresponsible and speculative allegations or allegations based merely on hope, would not provide a reasonable basis for an intended claim in subsequent proceedings.’
Stamp LJ dissented, saying that the expert’s opinion was that proceedings were unlikely, and disclosure was unlikely to produce anything to justify it.

Judges:

James LJ, Lord Denning MR, Stamp LJ

Citations:

[1973] 1 WLR 586, [1973] 2 All ER 454

Statutes:

Administration of Justice Act 1970 31

Jurisdiction:

England and Wales

Cited by:

Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.

Evidence, Health Professions

Updated: 18 June 2022; Ref: scu.416038

Regina (Wright) v Secretary of State for Health: CA 2 Jan 2008

The care worker’s appeal failed. The system for disciplining care workers and placing them on lists was required to be human rights compliant. Lord Justice May said: ‘There is an obvious and unchallenged public interest in having an appropriate system for protecting vulnerable adults and children from the risk of harm from unsuitable carers. It is also necessary that any scheme takes a proportionate account of the rights of those who have worked and wish to continue to work as carers.’

Judges:

Lord Justice May

Citations:

[2008] 1 All 887

Statutes:

Care Standards Act 2000 86(3), European Convention on Huma Rights5 6

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina (Wright) v Secretary of State for Health QBD 2008
The court was asked whether in a complaint under the Act, conduct before the Act could be considered.
Held: The Tribunal could rely on misconduct which had taken place, or the relevant provider’s opinion had been formed, before the . .

Cited by:

Cited – Joyce v Secretary of State for Health Admn 1-Aug-2008
The claimant appealed against a decision of the Care Standards Tribunal regarding misconduct, and being placed on the list to prevent her working with vulnerable adults. She was said to have fallen asleep while on night duty. The court considered . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights

Updated: 18 June 2022; Ref: scu.279861

Keep The Horton General v Oxfordshire Clinical Commissioning Group and Another: CA 11 Apr 2019

Appeal from dismissal of claim for judicial review of consultation on proposals for changes in the provision of hospital and other health care services in the Oxfordshire area.

Judges:

Lord Justice McCombe

Citations:

[2019] EWCA Civ 646

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 17 June 2022; Ref: scu.635790

Good Law Project Ltd, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 29 Mar 2019

Renewed application for permission to challenge the making of regulation 9 of the Human Medicines (Amendment) Regulations 2019

Judges:

Justice Supperstone

Citations:

[2019] EWHC 800 (Admin)

Links:

Bailii

Statutes:

Human Medicines (Amendment) Regulations 2019

Jurisdiction:

England and Wales

Health Professions

Updated: 17 June 2022; Ref: scu.635259

Bijl v The General Medical Council: PC 2 Oct 2001

(Professional Conduct Committee of the GMC) The appellant appealed an order removing him from the register. The board will not usually be in a position to assess the disciplinary issues heard by the Committee. In this case there were findings of serious failings by the Respondent, but some four years later, he had been able to work without complaint, and in the circumstances, removal from the register was not necessary.

Judges:

Lord Hoffmann, Lord Mackay of Clashfern, Lord Clyde, Lord Hoffmann

Citations:

Times 24-Oct-2001, [2001] UKPC 41, Appeal No 78 of 2000

Links:

PC, Bailii, PC, Bailii

Jurisdiction:

England and Wales

Cited by:

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

Health Professions, Human Rights

Updated: 14 June 2022; Ref: scu.166565

Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others: CA 8 Nov 2001

Application for leave to appeal.

Judges:

Mummery LJ

Citations:

[2001] EWCA Civ 1761

Links:

Bailii

Statutes:

Race Relations Act 1976 68(6)

Jurisdiction:

England and Wales

Citing:

See Also – Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others CA 8-Nov-2001
Application for leave to appeal. . .

Cited by:

See Also – Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others CA 8-Nov-2001
Application for leave to appeal. . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Health Professions

Updated: 13 June 2022; Ref: scu.201478

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 a subsequent disciplinary hearing it was open to the NHS Trust which employed the surgeon to consider whether the matters of professional misconduct which the inquiry panel had investigated had given rise to a breakdown of trust and confidence.
Held: The NHS Trust could not consider that issue.

Judges:

Simon Brown VP, May, Dyson LJJ

Citations:

[2001] EWCA Civ 983, [2001] Lloyd’s Rep Med 442, (2001) 62 BMLR 39, [2001] IRLR 691

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Employment, Health Professions

Updated: 13 June 2022; Ref: scu.201122

Council for the Regulation of Healthcare Professionals v The General Medical Council, Dr Leeper: Admn 30 Jul 2004

The Council appealed a decision of the respondent saying that the disciplinary measures imposed on the Doctor were insufficient.
Held: A reference to the Court from the tribunal operated as an appeal. It was therefore for the court to decide whether the decision of the tribunal was wrong, but whether it was wrong was to be judged against the background to the decision, which would include the primary legislation. The court should vary a disposition only if the order was unduly lenient. The court had the power to re-sentence without remitting the case to the tribunal, and might do do where there was no choice of penalty. In this case whilst the direction of the committee was unduly lenient it was not necessary to impose suspension.

Judges:

Mr Justice Collins

Citations:

[2004] EWHC 1850 (Admin), Times 01-Sep-2004

Links:

Bailii

Statutes:

National Health Service Reform and Health Care Professions Act 2002 29

Jurisdiction:

England and Wales

Cited by:

per incuriam – 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: 11 June 2022; Ref: scu.199800

Medical Protection Society, Dr Bown, Dr Hickey v Dr Sadek: CA 12 Jul 2004

The claimant sought damages for discrimination by the respondent, who replied that as a professional he was not a ‘worker’ within the legislation.
Held: The respondents were a society providing advice and representation to its members. It was an organisation of workers. To fall within the ambit of the category of ‘any other organisation’ the society could have fallen within either of the other sub-sections. It could not fall into two sub sections, and the decision of the tribunal and EAT were wrong in law. A professional worker was still a worker, and the society fell within paracgraph 11(1)(a). S78 defined a worker as including ‘any vocation or occupation’ The employment tribunal had jurisdiction to hear the complaint.

Judges:

Kay, Lord Justice Kay Lord Justice Latham The President Of The Family Division

Citations:

[2004] EWCA Civ 865, Times 02-Sep-2004

Links:

Bailii

Statutes:

Race Relations Act 1976 11(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – The Medical Protection Society Dr S Bown Dr Hickey v Dr Saher Sadek EAT 4-Nov-2003
EAT Race Discrimination – Discrimination by other bodies
EAT Race Discrimination – Discrimination by other bodies. . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Discrimination

Updated: 11 June 2022; Ref: scu.198682

Evans v General Medical Council: PC 19 Nov 1984

‘The principles upon which this Board acts in reviewing sentences passed by the Professional Conduct Committee are well settled. It has been said time and again that a disciplinary committee are the best possible people for weighing the seriousness of professional misconduct, and that the Board will be very slow to interfere with the exercise of the discretion of such a committee . . The committee are familiar with the whole gradation of seriousness of the cases of various types which come before them, and are peculiarly well qualified to say at what point on that gradation erasure becomes the appropriate sentence. This Board does not have that advantage nor can it have the same capacity for judging what measures are from time to time required for the purpose of maintaining professional standards.’

Citations:

Unreported, 19 November 1984, [1984] UKPC 48

Links:

Bailii

Cited by:

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

Health Professions

Updated: 10 June 2022; Ref: scu.196597

Hamilton, Regina (on the Application of) v UK Central Council for Nursing, Midwifery and Health Visiting and Another: CA 23 Oct 2003

The nurse suffered bipolar disorder, and was suspended. She wanted to have her suspension reviewed. The rules made no express provision for such an application.
Held: The absence of an express power did not mean that such a power did not exist. It did. The refusal in this case was not because the health committee of the respondent saw itself as not having a power to do so, but rather on the facts. Though the registration as a nurse or midwife might be a property right protected by the Convention, that right had not been infringed.

Judges:

Schieman, Sedley, Jacob LJJ

Citations:

[2003] EWCA Civ 1600, Times 12-Nov-2003

Links:

Bailii

Statutes:

European Convention on Human Rights, Nurses, Midwifery and Health Visitors (Professional Conduct) Rules (1993 no 893)

Jurisdiction:

England and Wales

Health Professions, Human Rights

Updated: 08 June 2022; Ref: scu.188118

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 conclusion which is within a reasonable range of penalties, I cannot interfere.’

Judges:

Wall J

Citations:

[2003] EWHC 2515 (Admin)

Links:

Bailii

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: 08 June 2022; Ref: scu.187624

Walker, Regina (on the Application of) v General Medical Council: Admn 15 Aug 2003

Where a doctor sought to have lifted an extension to his suspension, the court should start from the position that the suspension was currently in place before deciding whether it needed altering. However, ‘The terms of subsection 10 indicate that the appeal to the Court is a full appeal, that is to say, the Court does not interfere on a review ground but itself decides what order is appropriate.’

Judges:

Stanley Burnton J

Citations:

[2003] EWHC 2308 (Admin)

Links:

Bailii

Statutes:

Medical Acts 1983 1(a) 41A(10)

Jurisdiction:

England and Wales

Cited by:

Cited – Sandler v General Medical Council Admn 14-May-2010
Nicol J considered the court’s jurisdiction under section 41A(10) and said: ‘Both parties agreed that the role of the Court was not confined to exercising a judicial review type jurisdiction. In other words, the power to terminate Dr Sandler’s . .
Cited – Bradshaw v General Medical Council Admn 4-Jun-2010
The doctor sought to end an order temporarily suspending his registration. He had been accused of dishonesty in his practice records, and of making false allegations against a fellow doctor. The suspension was pending the hearing. He was undergoing . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 08 June 2022; Ref: scu.187307