Tracey, Regina (on The Application of) v Cambridge University Hospitals NHS Foundation Trust and Others: CA 17 Jun 2014

The claimant sought judicial review of the decision by doctors at the defendant hospital to place a ‘Do not resuscitate’ notice on his wife’s hospital notes. She had died. She suffered lung cancer but had expressed a clear wish to continue her life. A previous similar notice had been removed on the family’s objections. The doctor had failed to consult the family.

Lord Dyson MR, Longmore, Ryder LJJ
[2014] EWCA Civ 822
Bailii
European Convention on Human Rights 8
England and Wales

Health Professions

Updated: 04 December 2021; Ref: scu.526740

LH v Latvia: ECHR 29 Apr 2014

Article 8-1
Respect for private life
Lack of precision of domestic law allowing public authority collection of applicant’s medical data: violation
Facts – During her delivery in a public hospital in 1997, the surgeon performed tubal litigation on the applicant without her consent. After failing to reach an out-of-court settlement, the applicant filed a civil action in damages against the hospital which was ultimately successful. Meanwhile, the director of the hospital wrote to the Inspectorate of Quality Control for Medical Care and Fitness for Work (‘MADEKKI’) requesting an evaluation of the medical treatment the applicant had received in his institution. During the subsequent administrative inquiry, MADEKKI requested and received the applicant’s medical files from three different medical institutions and ultimately issued a report concluding that no laws had been violated during the applicant’s childbirth. The applicant subsequently challenged the lawfulness of the administrative inquiry undertaken by MADEKKI, but her claim was dismissed, the Senate of the Supreme Court having found that domestic law authorised MADEKKI to examine the quality of medical care provided in medical institutions at their request.
Law – Article 8: Recalling the importance of the protection of medical data to a person’s enjoyment of the right to respect for private life, the Court had to examine whether the applicable domestic law had been formulated with sufficient precision and whether it afforded adequate safeguards against arbitrariness. In this connection it firstly observed that the applicable legal norms described the competence of MADEKKI in a very general manner and that there did not seem to be a legal basis for a hospital to seek independent expert advice from it in ongoing civil litigation. Furthermore, the domestic law in no way limited the scope of private data that could be collected by MADEKKI during such inquiries, which resulted in it collecting medical data on the applicant relating to a seven-year period indiscriminately and without any prior assessment of whether such data could be potentially decisive, relevant or of importance for achieving whatever aim might have been pursued by the inquiry. Finally, the fact that the inquiry had commenced seven years after the applicant’s sterilisation raised doubts as to whether the data collection was ‘necessary for purposes of medical treatment [or] provision or administration of health care services’ as required under domestic law. In view of the foregoing, the Court found that the applicable law had failed to indicate with sufficient clarity the scope of discretion conferred on competent authorities and the manner of its exercise.
Conclusion: violation (unanimously).
Article 41: EUR 11,000 in respect of non-pecuniary damage.

52019/07 – Legal Summary, [2014] ECHR 515
Bailii
European Convention on Human Rights

Human Rights, Health Professions

Updated: 03 December 2021; Ref: scu.526033

Blue Bio Pharmaceuticals Ltd and Another, Regina (on The Application of) v Secretary of State for Health (Mhra): Admn 22 May 2014

The Claimants complained that the Defendant wrongly refused to treat as medicinal products the large number of GCPs (glucosamine-containing product) described as ‘food supplements’.
Held: The claim failed.

Supperstone J
[2014] EWHC 1679 (Admin), CO/6789/2013
Bailii
Directive 2001/83/EC
Cited by:
Appeal fromBlue Bio Pharmaceuticals Ltd and Another v Secretary of State for Health and Another CA 17-Jun-2016
The company appealed against rejection of its challenge to the licensing and classification system applied to its products. . .

Lists of cited by and citing cases may be incomplete.

Health Professions, European

Updated: 03 December 2021; Ref: scu.525771

JR55 v Northern Ireland Commissioner for Complaints: CANI 28 Jan 2014

The GP challenges the power of the Commissioner to recommend the payment of the consolatory payment and he challenges the threatened exercise by the Commissioner of an asserted power to make a special report in relation to the matter to the Northern Ireland Assembly in the event of the GP failing to comply with the recommendation to pay the consolatory payment recommended.
Held: The commissioner did not have the powers he had purported to use, and in particular had no power to recommend monetary redress at all.

Higgins LJ, Girvan LJ, Coghlin LJ
[2014] NICA 11
Bailii
Northern Ireland
Cited by:
At CANIJR55, Re Application for Judicial Review (Northern Ireland) SC 11-May-2016
The Court was asked about the powers of the Complaints Commissioner under the 1996 Order, and in particular about his powers in relation to general medical practitioners working in the National Health Service and whether, and if so in what . .

Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 01 December 2021; Ref: scu.522846

Flatley, Regina (on The Application of) v Hywel DDA University Health Board: Admn 13 Mar 2014

The Claimant sought to challenge the Welsh Ministers’ decision to replace the Accident and Emergency Department at the Hospital with an Emergency Nurse Practitioner led and General Practitioner supported model following a statutory review by the Defendants of LHB proposals, triggered by a CHC referral.

Hickinbottom J
[2014] EWHC 655 (Admin)
Bailii
England and Wales

Health Professions

Updated: 01 December 2021; Ref: scu.522545

Sokoll-Seebacher v Agnes Hemetsberger: ECJ 13 Feb 2014

ECJ Freedom of establishment – Public health – Article 49 TFEU – Pharmacies – Adequate supply of medicinal products to the public – Operating authorisation – Territorial distribution of pharmacies – Establishment of limits essentially based on a demographic criterion – Minimum distance between pharmacies

C-367/12, [2014] EUECJ C-367/12
Bailii
European

Health Professions

Updated: 30 November 2021; Ref: scu.521837

Christian Concern, Regina (on The Application of) v Secretary of State for Health and Social Care: CA 25 Sep 2020

In proceedings for judicial review the appellant challenged the ‘Approval of a Class of Places’ within the Abortion Act 1967 as amended made by the Secretary of State on 30 March 2020. This approves the ‘home of a pregnant woman’ as being a place which is authorised for the purpose of section 1 of the 1967 Act where the treatment for early medical abortion may be carried out. The Approval was made under sections 1(3) and (3A) of the 1967 Act. It is time limited until either the date when the temporary provisions of the Coronavirus Act 2020 expire or two years, whichever is the earlier.

Lady Justice Nicola Davies
[2020] EWCA Civ 1239
Bailii
Abortion Act 1967, Coronavirus Act 2020
England and Wales

Health Professions, Licensing, Health

Updated: 30 November 2021; Ref: scu.654037

Malik v The United Kingdom: ECHR 25 Jan 2010

The applicant began practising as a general medical practitioner in 1978 from premises which he owned. He was a sole practitioner and had a panel of 1,400 patients, many of whom were from the local Bangladeshi population.
On 30 March 2004, he entered into a contract with the Waltham Forest Primary Care Trust (‘the PCT’) in accordance with the National Health Service (General Medical Services Contracts) Regulations 2004 (‘the Contracts Regulations’ – see further ‘Relevant domestic law and practice’, below). At that time, his practice was not computerised and he agreed to take steps to achieve computerisation.
On 4 January 2005, the applicant wrote to the PCT asking that a planned monitoring visit on 20 January 2005 be deferred because of the upheaval at the premises due to the ongoing electrical works. The PCT responded that deferment was impossible, and the visit subsequently took place.
On 21 January 2005 the medical director of the PCT wrote to the applicant informing him that the visit had demonstrated ‘the serious risk you pose to patients under your care’ and so he had been suspended ‘to protect the interests of patients while a more detailed investigation into the issues of concerns take place’.
The applicant challenged the suspension. A hearing was arranged for 31 January 2005. In the meantime the applicant’s insurers wrote to the PCT indicating their view that the suspension was unlawful but advising the PCT that the applicant would nonetheless voluntarily absent himself from practice for four weeks to enable him to deal properly with the matters relied on against him. The offer was not accepted.

23780/08, [2010] ECHR 115
Bailii
European Convention on Human Rights, National Health Service (General Medical Services Contracts) Regulations 2004
Human Rights
Cited by:
See AlsoMalik v The United Kingdom ECHR 13-Mar-2012
ECHR The applicant alleged that his suspension from the list of those authorised to practise as doctors for the National Health Service constituted a violation of Article 1 of Protocol No. 1. . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Health Professions

Updated: 30 November 2021; Ref: scu.396695

Gupta v General Medical Council: Admn 17 Jul 2001

The appellant doctor had been suspended from practice by decision of the respondent. It was alleged that she had allowed her husband, himself a suspended practitioner to consult with patients in breach of that suspension. Having found the allegation proved, she had been suspended immediately, and without the opportunity to make representations. Although the rules did not require such opportunity to be given, the consequences were dire. Though the committee had a delicate balance to find, no proper allowance was made for the possible consequences of an appeal to the Privy Council, and the order for immediate suspension was set aside.

Times 16-Oct-2001, [2001] EWHC Admin 631
Bailii
Medical Act 1983 38(6), General Medical Council Preliminary Proceedings and Professional Conduct Committee (Procedure) Rules 1988 (S.I. l988 No.2255) 28, Medical (Professional Performance) Act 1995
England and Wales
Citing:
Appealed toGupta 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 by:
Appeal fromGupta 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 . .

Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 30 November 2021; Ref: scu.166215

GMC v Szisz: Admn 23 Dec 2013

Application made by Part 8 claim form for an extension of an interim order of conditions imposed on the defendant by the Interim Orders Panel of the General Medical Council originally on the 4th January 2013. The defendant is a Hungarian national who currently practises in Hungary.

Pelling QC HHJ
[2013] EWHC 4452 (Admin)
Bailii

Health Professions

Updated: 29 November 2021; Ref: scu.521083

AA, Re (Including: Note By Justice Mostyn): CoP 23 Aug 2012

Order made on urgent application by the NHS Trust, supported by the clear evidence of a consultant obstetrician and the patient’s own treating consultant psychiatrist, seeking a declaration and order that it would be in the medical best interests of this seriously mentally ill and incapacitated patient, who had undergone two previous elective caesarean sections, to have this birth, the due date of which was imminent (she was 39 weeks pregnant), in the same manner.

Mostyn J
[2013] EWHC 4378 (COP)
Bailii
England and Wales

Health Professions

Updated: 27 November 2021; Ref: scu.518975

The Enfield London Borough Council, Regina (on The Application of) v Barnet Clinical Commissioning Group and Others: Admn 12 Nov 2013

Challenge to the decisions of the Barnet, Enfield and Haringey Clinical Commissioning Groups and the Barnet and Chase Farm Hospitals NHS Trust to close the Accident and Emergency department at Chase Farm Hospital

Bean J
[2013] EWHC 3496 (Admin)
Bailii

Health Professions

Updated: 25 November 2021; Ref: scu.517654

Trust Special Administrator Appointed To South London Healthcare NHS Trust and and Another v London Borough of Lewisham and Another: CA 8 Nov 2013

The court gave its reasons for dismissing the special administrator’s appeal against the quashing of a report recommending certain steps to be taken as to the Trust. The appeal had been as to whether the actions were to be ‘in relation to the trust’. The report had recommended action incorporating additional trusts. The administrator now argued for a wide interpretation of the phrase.
Held: The appeal failed. The interpretation of the phrase would vary according to the context.

Lord Dyson MR, Sullivan, Underhill LJJ
[2013] EWCA Civ 1409
Bailii
National Health Service Act 2006 5A
England and Wales

Administrative, Health Professions

Updated: 25 November 2021; Ref: scu.517467

Fixsler and Another v Manchester University NHS Foundation Trust and Another: CA 9 Jul 2021

Whether to withdraw life sustaining treatment for a little girl with catastrophic brain injuries.

[2021] EWCA Civ 1018
Bailii, Judiciary
England and Wales
Citing:
Appeal fromManchester University NHS Foundation Trust v Fixsler and Others FD 28-May-2021
Application for declaration as to child’s best interests. Hospital wanting to provide only palliative care – family wanting life support . .

Cited by:
See AlsoManchester University NHS Foundation Trust v Fixsler and Others FD 6-Oct-2021
. .

Lists of cited by and citing cases may be incomplete.

Health Professions, Children

Updated: 25 November 2021; Ref: scu.664386

London Borough of Lewisham and Another, Regina (on The Application of) v Secretary of State for Health and Others: Admn 31 Jul 2013

The adminstrators appointed to the local NHS Trust had made recommendations which included actions involving a neighbouring NHS trust.
Held: The decision was ultra vires. The powers given in the 2006 Act were restricted to matters relating to the Trust as to which the report was being prepared.

Silber J
[2013] EWHC 2381 (Admin), [2013] PTSR 1298, [2013] WLR(D) 331
Bailii, WLRD
England and Wales

Administrative, Health Professions

Updated: 21 November 2021; Ref: scu.516440

Ottica New Line Di Accardi Vincenzo v Comune Di Campobello Di Mazara: ECJ 26 Sep 2013

ECJ Articles 49 TFEU and 56 TFEU – Freedom of establishment – Public health – Opticians – Regional legislation making the establishment of new opticians’ shops subject to authorisation – Demographic and geographical limitations – Justification – Appropriateness for attaining the objective pursued – Coherency – Proportionality

L. Bay Larsen, P
C-539/11, [2013] EUECJ C-539/11
Bailii
European

Health Professions

Updated: 20 November 2021; Ref: scu.515585

Conseil National De L’Ordre Des Medecins v Ministre De L’Enseignement Superieur Et De La Recherche: ECJ 19 Sep 2013

ECJ Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Directive 2005/36/EC – Recognition of professional qualifications – Dental profession – Specific nature and distinction from the medical profession – Common training

C-492/12, [2013] EUECJ C-492/12
Bailii
Directive 2005/36/EC

European, Health Professions

Updated: 20 November 2021; Ref: scu.515357