There had been an internal and police investigation of serious allegations against the doctor. He was suspended without pay. He now appealed saying that that was a breach of the contract.
Lewison, Peter Jackson, Coulson LJJ
[2019] EWCA Civ 387, (2019) 168 BMLR 1, [2019] Med LR 226, [2019] ICR 1279, [2019] WLR(D) 167, [2019] IRLR 570
England and Wales
Updated: 04 May 2022; Ref: scu.634768
[2018] EWCA Civ 1463
England and Wales
Updated: 04 May 2022; Ref: scu.618833
Farquharson J said: ‘It is perfectly obvious that pharmacists are in a position to put illicit drugs and perhaps other medicines on the market. Happily this rarely happens but it does from time to time. It can therefore be readily understood that Parliament would find it necessary to impose a heavier liability on those who are in such a position, and make them more strictly accountable for any breaches of the Act.’
Farquharson, Tudor Price JJ
[1985] 3 All ER 4
Appeal from – Pharmaceutical Society of Great Britain v Storkwain HL 19-Jun-1986
The defendant pharmacist had filled a prescription, but unknown to him the prescription was forged.
Held: The offence of sale of medicine contrary to the Act was one of strict liability, and was made out.
Lord Goff of Chieveley (with whom . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 May 2022; Ref: scu.542921
The patient suffered extreme anorexia. A declaration was sought as to the possibility of discontinuing compulsory medical treatment. The medical opinion was that the course of action proposed had a ‘close to’ 100% likelihood of causing Ms L’s death; survival would in the view of the experts lead to serious adverse physical and psychological consequences for Ms L. No patient with such a low BMI was reported to have survived such an enforced re-feeding regime whilst in intensive care.
Eleanor King J
[2012] EWHC 2741 (COP), [2013] COPLR 139
Cited – A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor) CoP 8-Oct-2014
X suffered both severe anorexia and alcoholism. She had in the past been repeatedly and compulsorily admitted to hospital for treatment, but her doctors considered that whilst this might be life extending treatment it had proved ineffective and . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 May 2022; Ref: scu.537492
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 and most likely irrevocable’. The case proceeded on the assumption that the surgeon’s dismissal for that reason related to his conduct. There were factors not referred to in the court’s judgment which showed that the surgeon was in fact dismissed for his conduct which had caused those relationships to break down. The surgeon appealed against his dismissal.
Held: The appeal procedure depended on whether the dismissal had been for personal misconduct or professional misconduct. The dismissal had been for professional misconduct.
Unreported, 27 April 2007
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.
Updated: 04 May 2022; Ref: scu.520060
Graham Wood QC
[2013] EWHC 522 (Admin)
England and Wales
Updated: 04 May 2022; Ref: scu.471677
[1855] EngR 39, (1855) 5 El and Bl 138, (1855) 119 ER 433
Updated: 02 May 2022; Ref: scu.291961
[2008] EWHC 1630 (Admin)
England and Wales
Updated: 01 May 2022; Ref: scu.270894
The doctor, a famous pediatrician had been criticised for his trenchant views concerning the probable criminal responsibility of many parents for the cot deaths of their children. The Council referred as too lenient a sentence of being debarred from child protection work for three years.
Held: The respondent had not shown any inclination to moderate his views. It was not necessary that he be struck off, but the conditions on his practising should be more tightly drawn.
Mr Justice Collins
[2005] EWHC 579 (Admin), [2005] Lloyds Law Reports (Medical) 365
England and Wales
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 April 2022; Ref: scu.224124
The court referred to a case of extremely painful treatment causing continuous agony or such continuous sedation as to lead to there being no conscious life at all. The child suffered a condition which included the likelihood of periodic respiratory failure. The treating physician proposed that in that event, mechanical resuscitation would not be employed.
Held: The court upheld the first instance decision not to order anything to reverse the doctor’s recommendation. The test for whether treament should be discontinued was whether ‘the child in question, if capable of exercising sound judgment would consider the life tolerable’.
Lord Donaldson MR said: ‘it is sensible to define the relationship between the court, the doctors, the child and its parents.
The doctors owe the child a duty to care for it in accordance with good medical practice recognised as appropriate by a competent body of professional opinion: see Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. This duty is, however, subject to the qualification that, if time permits, they must obtain the consent of the parents before undertaking serious invasive treatment.
The parents owe the child a duty to give or to withhold consent in the best interests of the child and without regard to their own interests.
The court when exercising the parens patriae jurisdiction takes over the rights and duties of the parents, although this is not to say that the parents will be excluded from the decision-making process. Nevertheless in the end the responsibility for the decision whether to give or to withhold consent is that of the court alone.’ and
‘In Re B (supra) seems to me to come very near to being a binding authority for the proposition that there is a balancing exercise to be performed in assessing the course to be adopted in the best interests of the child. Even if it is not, I have no doubt that this should be and is the law . . This brings me face to face with the problem of formulating the critical equation. In truth it cannot be done with mathematical or any precision. There is without doubt a very strong presumption in favour of a course of action which will prolong life, but, even excepting the ‘cabbage’ case to which special considerations may well apply, it is not irrebuttable. As this court recognised in Re B account has to be taken of the pain and suffering and quality of life which the child will experience if life is prolonged. Account has also to be taken of the pain and suffering involved in the proposed treatment itself . . In the end there will be cases in which the answer must be that it is not in the interests of the child to subject it to treatment which will cause increased suffering and produce no commensurate benefit, giving the fullest possible weight to the child’s and mankind’s, desire to survive.’
Lord Donaldson MR, Taylor LJ
[1991] Fam 33, [1990] 3 All ER 930, [1991] 2 WLR 140
England and Wales
Applied – In Re B (A Minor) (Wardship: Medical Treatment) CA 1981
The child was born with Down’s Syndrome and an intestinal blockage. She needed the obstruction to be relieved if she was to survive. If the operation were performed, the child might die within a few months but it was probable that her life . .
Cited – W Healthcare NHS Trust v KH and Others CA 17-Sep-2004
The patient was very severely disabled. She was a lady of 59 suffering from multiple sclerosis. She was not competent to make decisions about her own treatment. She was in a pitiful state, and had to be fed through a percutaneous gastronomy tube but . .
Cited – In re T (a Minor) CA 24-Oct-1996
C was born with a liver defect. After a failed operation, the parents, both caring health professionals, decided not to put him through major surgery again. The local authority and doctors obtained an order to allow a potentially life saving liver . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 April 2022; Ref: scu.221444
Gazette 26-Aug-1992, [1993] Fam 15
England and Wales
Appeal from – In Re J (A Minor) (Medical Treatment) FD 8-Jul-1992
The Court should be slow to interfere in the exercise of a bona fide clinical judgment to withdraw treatment from a patient, and may overrule a child’s wishes as to the need for medical treatment even though she expressed her wishes clearly. . .
Cited – Portsmouth NHS Trust v Wyatt and others FD 7-Oct-2004
Charlotte Wyatt was born prematurely, and depended for day to day her life on medical support. Her doctors asked to be permitted not to resuscitate her again if she needed it. Her parents asked that she be given whatever chance was available for her . .
Cited – Kent County Council v G and others HL 24-Nov-2005
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 April 2022; Ref: scu.216347
Dr Tarnesby, a part-time consultant psychiatrist’s name was for a time suspended from the Medical Register after the appropriate Medical Authority had found him guilty of infamous conduct in a professional respect. The Hospital Board, his employer, informed him that in view of his suspension his contract of employment had ended. He sued for a declaration that his employment continued. He was unsuccessful at first instance and in the Court of Appeal.
Held: The appeal was dismissed. The relevant statute provided that ‘no person, not being fully registered, shall hold any appointment as . . Medical Officer . . in any hospital’.
Lord Russell of Killowen spoke of erasure of the doctor’s name from the Register: ‘Erasure would clearly in my opinion have brought about the statutory ban in this case and an automatic termination by law of the Appellant’s appointment and of the contract with the Board which was the basis of that appointment. The contention put forward was that the appointment was one thing and the contract of employment was another, the section affecting only the appointment. I am wholly unable to accept that position: the contract of employment and the appointment were not two things but one.’
The suspension from registration equally had the effect of terminating by law the appointment and the contract of employment ‘which is the appointment’ Lord Bridge resisted any distinction being drawn between holding an appointment as a hospital Medical Officer and being employed as such: ‘So long as the contract of employment continues, so does the appointment and the statutory termination of the one must automatically terminate the other.’
Russell of Killowen, Wilberforce, Fraser and Lowry LL
[1981] ICR 615
England and Wales
Cited – Verner, Sheppard, Ridley v Derby City Council, Norfolk County Council, St Thomas More Roman Catholic High School QBD 14-Nov-2003
The question was whether, when a teacher has applied for and accepted ill-health retirement benefit, usually a lump sum and a pension, on the ground of permanent incapacity, there exists a public law duty on his employer to dismiss the employee.
Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 April 2022; Ref: scu.187970
PC The Professional Conduct Committee of the GMC
England and Wales
See Also – Anand v General Medical Council PC 3-Oct-2003
. .
Lists of cited by and citing cases may be incomplete.
Updated: 29 April 2022; Ref: scu.186812
A pyschiatrist treating a child was given information under the cloak of professional privilege, to suggest there had been abuse. She had reported her concerns to the child protection services, and gone on to make a statement.
Held: A health professional in such circumstances may well be correct to break confidentialty but must recognise that if she goes beyond reporting her concerns to making a statement, she cannot then object to being called as witness if that evidence is used.
Thorpe, LJ, Bodey J
Times 01-Jul-2003
England and Wales
Updated: 29 April 2022; Ref: scu.184144
The court asked if the Latin maxim ‘nemo debit bis vexari, si constat curiae quod sit pro una et eadem causa’, or ‘nemo debet bis punire pro uno delicto’ (no one ought to be twice punished for the same offence) were relevant where criminal charges were sought to be pursued after a finding of the disciplinary committee.
Held: The maxim has no reference to professional disciplinary tribunals. Although the facts might be the same before a criminal Court and before the tribunal the offence and the findings are distinct; and second, it is plain on the authorities that such a tribunal is not a court of competent jurisdiction to which the maxim applies.
Lord Lane CJ
[1981] 2 All ER 805
Cited – Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis CA 22-Jan-2003
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence.
Held: The tests of the two sets of hearings were . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 April 2022; Ref: scu.181630
Lord Diplock said: ‘The purpose of disciplinary proceedings against a dentist who has been convicted of a criminal offence by a court of law is not to punish him a second time for the same offence but to protect the public who may come to him as patients and to maintain the high standards and good reputation of an honourable profession.’
Lord Diplock
[1976] 2 All ER 334, [1976] 1 WLR 330
Cited – Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis CA 22-Jan-2003
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence.
Held: The tests of the two sets of hearings were . .
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 April 2022; Ref: scu.181629
An individual of full capacity is not obliged to give consent to medical treatment, nor is a medical practitioner or other service provider under any obligation to provide such treatment without consent, even if the failure to treat will result in the loss of the patient’s life. The Superior Court of Quebec applied the Civil Code of Lower Canada to hold that Mrs. B. had the right to discontinue her respiratory support treatment, even though this would soon lead to her death.
(1992) 86 DLR (4th) 385, [1992] RJQ 361
Canada
Cited – Airedale NHS Trust v Bland CA 9-Dec-1992
The official Solicitor appealed against a decision that doctors could withdraw medical treatment including artificial nutrition, from a patient in persistent vegetative state.
Held: The doctors sought permission to act in accordance with . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 April 2022; Ref: scu.180673
The applicants sought orders that enquiries into the activities of doctors under the Act should be held in public.
Held: The Act contained no presumption that enquiries should be in public, and the Wagstaff case created no general principle to that effect. The right to free expression did not include the right to receive from others information they were unwilling to impart. It was for the Secretary of State to make a decision in each case, and his decisions stood.
Justice Scott Baker
Times 28-Mar-2002, Gazette 23-May-2002
National Health Service Act 1977 2, European Convention on Human Rights Art 10.1
England and Wales
Cited – Regina v Secretary of State for Health, Ex Parte Wagstaff etc QBD 31-Aug-2000
The Secretary of State announced a public enquiry into the Shipman case. He did not say whether it would be a public enquiry. The bereaved families and media wanted it to be public, and contended that it had been invalidly constituted, that an . .
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 April 2022; Ref: scu.168067
Pharmacists list membership was dependant on the effect on the entire population, and not the patient population. A relocation within same neighbourhood was a question of fact not by ‘patient populations’.
Times 15-Aug-1994, Ind Summary 18-Jul-1994
National Health Serv (Pharmaceutical Services) Regulations 1992
England and Wales
Appeal from – Regina v Yorkshire Regional Health Authority Ex Parte Suri, Regina v Same Ex Parte Gompels Etc CA 5-Dec-1995
Effect of move of pharmacy is one of fact and degree for Health Authority to decide. Move of pharmacy question of geography not topography – effect on other pharmacies. . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 April 2022; Ref: scu.88356
The patient had suffered catastrophic injuries in 1989, leaving him in a persistent vegetative state (PVS). The doctors sought leave to discontinue life maintaining treatment and medical support. The inevitable result would be his death. The application was for an order discharging them from any civil or criminal liability.
Held: The provision of food by naso-gastric tube was medical treatment. The decision to withdraw it would be a medical decision. The true cause of the death was the accident. The judge made no declaration as to potential criminal liability, since the action would be within standard and proper medical practice. Future similar decisions should continue to be made after applications to court.
Sir Stephen Brown P
[1993] 2 WLR 316
England and Wales
Cited – Cruzan v Director, Missouri Department of Health 1990
. .
Cited – In re F (Mental Patient: Sterilisation) HL 4-May-1989
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
Cited – In Re B (A Minor) (Wardship: Medical Treatment) CA 1981
The child was born with Down’s Syndrome and an intestinal blockage. She needed the obstruction to be relieved if she was to survive. If the operation were performed, the child might die within a few months but it was probable that her life . .
At FD – Airedale NHS Trust v Bland CA 9-Dec-1992
The official Solicitor appealed against a decision that doctors could withdraw medical treatment including artificial nutrition, from a patient in persistent vegetative state.
Held: The doctors sought permission to act in accordance with . .
At FD – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 April 2022; Ref: scu.174707
The official Solicitor appealed against a decision that doctors could withdraw medical treatment including artificial nutrition, from a patient in persistent vegetative state.
Held: The doctors sought permission to act in accordance with recommended medical practice. Agreement was universal that there was no prospect of the patient’s improvement, nor any purpose in continued treatment. The purpose of medical treatment was to act for the benefit of the patient, and no benefit was being derived. The inviolability of life is not an absolute, and hear no direct interference was proposed, but rather the withdrawal of support. The appeal failed.
Hoffmann LJ said: ‘we have a strong feeling that there is an intrinsic value in human life, irrespective of whether it is valuable to the person concerned or indeed to anyone else. Those who adhere to religious faiths which believe in the sanctity of all God’s creation and in particular that human life was created in the image of God himself will have no difficulty with the concept of the intrinsic value of human life. But even those without any religious belief think in the same way. In a case like this we should not try to analyse the rationality of such feelings. What matters is that, in one form or another, they form part of almost everyone’s intuitive values. No law which ignores them can possibly hope to be acceptable.’
Sir Thomas Bingham MR, Butler-Sloss and Hoffmann LJJ
[1993] 2 WLR 316
England and Wales
Cited – In re T (Adult: Refusal of Treatment) CA 1992
A patient’s right to veto medical treatment is absolute: ‘This right of choice is not limited to decisions which others might regard as sensible. It exists notwithstanding that the reasons for making the choice are rational, irrational, unknown or . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – Regina v Stone and Dobinson CACD 1977
The male defendant, Stone, and his mentally disabled son lived in Stone’s house with the female defendant, Dobinson. Stone’s sister came to live as a lodger. She neglected herself to such an extent that she became helplessly infirm. Fanny refused to . .
Cited – Regina v Cox 18-Sep-1992
Whether the questioning of a suspect in a police station amounted to an interview was a question of fact dependant upon all the circumstances, including the rest, arrival at the police station, caution, the notification of rights, and the nature of . .
Cited – In re Quinlan 1976
Protecting the privacy rights of incompetent dying patients. . .
Cited – Nancy B v Hotel-Dieu de Quebec 1992
An individual of full capacity is not obliged to give consent to medical treatment, nor is a medical practitioner or other service provider under any obligation to provide such treatment without consent, even if the failure to treat will result in . .
Cited – Malette v Shulman Jobes, In re 1990
‘The right to determine what shall be done with one’s own body is a fundamental right in our society. The concepts inherent in this right are the bedrock upon which the principles of self-determination and individual autonomy are based. Free . .
Cited – In Re B (A Minor) (Wardship: Medical Treatment) CA 1981
The child was born with Down’s Syndrome and an intestinal blockage. She needed the obstruction to be relieved if she was to survive. If the operation were performed, the child might die within a few months but it was probable that her life . .
Cited – In re B (A Minor) (Wardship: Sterilisation) HL 1987
Paramount Consideration in Wardship Application
The House considered a case involving the sterilisation of a girl just under 18, who suffered from mental disability.
Held: A court exercising wardship jurisdiction, when reaching a decision on an application to authorise an operation for . .
Cited – In re C (A Minor) (Wardship: Medical Treatment) CA 1989
. .
Cited – In re F (Mental Patient: Sterilisation) HL 4-May-1989
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
Cited – In re J (a Minor) (Wardship: Medical treatment) CA 1-Oct-1990
J was born at 27 weeks’, weighing only 1.1kg. He suffered very severe and permanent brain damage at the time of his birth, the brain tissue then lost being irreplaceable. He was epileptic and the medical evidence was that he was likely to develop . .
At FD – Airedale NHS Trust v Bland FD 19-Nov-1992
The patient had suffered catastrophic injuries in 1989, leaving him in a persistent vegetative state (PVS). The doctors sought leave to discontinue life maintaining treatment and medical support. The inevitable result would be his death. The . .
Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
At CA – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Cited – Portsmouth NHS Trust v Wyatt and others FD 7-Oct-2004
Charlotte Wyatt was born prematurely, and depended for day to day her life on medical support. Her doctors asked to be permitted not to resuscitate her again if she needed it. Her parents asked that she be given whatever chance was available for her . .
Cited – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 April 2022; Ref: scu.174706
[2006] EWHC 2784 (Admin)
England and Wales
Updated: 27 April 2022; Ref: scu.633248
[2019] EWHC 189 (Admin)
England and Wales
Updated: 27 April 2022; Ref: scu.633170
[2019] EWHC 28 (Admin)
England and Wales
Updated: 27 April 2022; Ref: scu.633148
Challenge to directions prioritisation for organ transplant of patients ordinarily resident in the UK over those not so resident.
Sir Terence Etherton MR, Davis, Asplin LJJ
[2018] WLR(D) 781, [2018] EWCA Civ 2696
England and Wales
Updated: 27 April 2022; Ref: scu.631164
[2018] ScotCS CSIH – 55
Scotland
Updated: 27 April 2022; Ref: scu.622431
[2018] EWCA Civ 2027
England and Wales
Updated: 27 April 2022; Ref: scu.622323
Challenge the decision of the Dorset Clinical Commissioning Group making significant changes to the configuration of health services.
Sir Stephen Silber
[2018] EWHC 2331 (Admin)
England and Wales
Updated: 27 April 2022; Ref: scu.622274
Irwin, Hickinbottom LJJ, Sir Jack Beatson
[2018] EWCA Civ 1925, [2018] WLR(D) 556
National Health Service Act 2006 1 1C, Equality Act 2010 149(1)
England and Wales
Updated: 26 April 2022; Ref: scu.621537
The doctor had had his name erased from the medical register. After fve years the Medical Practitioner’s Tribunalhad ordered his re-instatement. The Council now appealed from that decision.
McCombe, King, Flaux LJJ
[2018] EWCA Civ 1898
England and Wales
Updated: 26 April 2022; Ref: scu.621108
The appellant doctor had been convicted of and sentenced for gross negligence manslaughter. The Medical Practitioner’s Tribunal had suspended her from practice, and on appeal the Administrative court had directed that her name be erased from the Medical Register. She now appealed.
Held: The appeal succeeded. The matter was remitted to the MPT to review the suspension.
[2018] EWCA Civ 1879
England and Wales
Updated: 26 April 2022; Ref: scu.621107
Challenge to redesignation of hospital.
Jarman QC HHJ
[2018] EWHC 2080 (Admin)
England and Wales
Updated: 25 April 2022; Ref: scu.620665
[2018] EWHC 1971 (Admin)
England and Wales
Updated: 25 April 2022; Ref: scu.620634
Dispute over procurement of children’s nursing services
[2018] EWHC 1589 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620127
Application to lift an automatic suspension on the award of a contract imposed by virtue of the claimants issuing a claim form, within the necessary time period, challenging the results of a procurement exercise for that contract in which they were unsuccessful.
Fraser J
[2018] EWHC 200 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620110
[2018] EWHC 813 (Admin)
England and Wales
Updated: 25 April 2022; Ref: scu.619911
[2018] UKFTT 338 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619765
[2018] UKFTT 336 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619764
By section 3 of the Dentists Act 1878 all persons not registered under the Act are prohibited from using the designation of ‘dentist’ or other words implying that they are ‘specially qualified to practise dentistry.’
Held that the prohibition forbids such words as imply the possession of a diploma or licence or other qualification for registration under the Act, but does not forbid mere words of self commendation.
Lord Chancellor (Loreburn), Lords James of Hereford, Atkinson, Shaw, and Mersey
[1910] UKHL 900, 47 SLR 900
England and Wales
Updated: 25 April 2022; Ref: scu.619784
[2018] UKFTT 242 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619758
[2018] UKFTT 335 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619762
[2018] UKFTT 259 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619760
[2018] UKFTT 337 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619763
[2018] UKFTT 333 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619761
[2018] UKFTT 266 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619759
[2018] EWHC 1679 (Admin)
England and Wales
Updated: 24 April 2022; Ref: scu.619006
[2018] EWHC 1660 (Admin)
England and Wales
Updated: 24 April 2022; Ref: scu.618989
[2018] EWHC 714 (Admin)
England and Wales
Updated: 24 April 2022; Ref: scu.618988
[2018] EWCA Civ 1497
England and Wales
Updated: 24 April 2022; Ref: scu.618924
The claimant said that the terms of a proposed contract for the provision of 999 call support were contrary to the requirements of the 2012 Act.
Held: The claim failed. The claimant had not interpreted the Act correctly. The Act was intended to be read more widely than proposed.
Kerr J
[2018] EWHC 1067 (Admin), [2018] WLR(D) 295
Health and Social Care Act 2012
England and Wales
Updated: 23 April 2022; Ref: scu.618120
[2018] EWHC 1359 (Admin), [2018] WLR(D) 336
National Health Service Act 2006
England and Wales
Updated: 23 April 2022; Ref: scu.618123
[2018] EWHC 1074 (Admin)
England and Wales
Updated: 23 April 2022; Ref: scu.618096
[2018] EWHC 1388 (Admin)
England and Wales
Updated: 23 April 2022; Ref: scu.618101
[2018] EWHC 1073 (Admin)
England and Wales
Updated: 23 April 2022; Ref: scu.618097
Three public authorities disputed who was to be responsible for the payment of the costs of care and treatment of a patient with substantial care needs.
Garnham J
[2018] EWHC 1136 (Admin)
England and Wales
Updated: 23 April 2022; Ref: scu.618100
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, and whether his parents could give consent for it.
Held: (LL Carnwath and Lloyd-Jones dissenting) It was not within the scope of parental responsibility for D’s parents to consent to a placement which deprived him of his liberty. Although there is no doubt that they, and indeed everyone else involved, had D’s best interests at heart, we cannot ignore the possibility, nay even the probability, that this will not always be the case. That is why there are safeguards required by article 5. Without such safeguards, there is no way of ensuring that those with parental responsibility exercise it in the best interests of the child, as the Secretaries of State acknowledge that they must. In this case, D enjoyed the safeguard of the proceedings in the Court of Protection. In future, the deprivation of liberty safeguards contained in the Mental Capacity Act 2005 (as amended by the Mental Capacity (Amendment) Act 2019) will apply to children of 16 and 17. I
Lady Hale, President, Lord Carnwath, Lady Black, Lord Lloyd-Jones, Lady Arden
[2019] UKSC 42, [2019] PTSR 1816, [2020] MHLR 135, [2020] COPLR 73, [2020] 1 FLR 549, [2019] HRLR 18, [2019] 1 WLR 5403, [2020] 2 All ER 399, (2019) 22 CCL Rep 475, [2019] 3 FCR 631, (2020) 171 BMLR 51, [2019] WLR(D) 587
Bailii, Bailii Summary, SC, SC Press Summary, SC Summary Video, SC 2018 Oct 03 am Video, SC 2018 Oct 03 pm Video, SC 2018 Oct 04 am Video, WLRD
European Convention on Human Rights 8, Mental Capacity Act 2005, Guardianship of Infants Act 1925, Children Act 1989 1(1) 25, Children (Secure Accommodation) Regulations 1991
England and Wales
At First Instance – RK v BCC and Others CA 20-Dec-2011
A young woman aged 17 suffered from autism, attention deficit hyperactivity disorder and severe learning difficulties, as well as epilepsy. She had been looked after at home for nearly 16 years but was then accommodated by the local authority under . .
Appeal From – Re D (A Child) CA 31-Oct-2017
The court considered an order effectively depriving child D of his liberty. . .
Cited – Storck v Germany ECHR 16-Jun-2005
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected ( res iudicata ); Violation of Art. 5-1 (placement in private clinic from 1977 to 1979); No separate issue under Arts. 5-4 and 5-5; No . .
Cited – P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar SC 19-Mar-2014
Deprivation of Liberty
P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult . .
Cited – Rusi Kosev Stanev v Bulgaria ECHR 17-Jan-2012
. .
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 – The Christian Institute and Others v The Lord Advocate SC 28-Jul-2016
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to . .
At CoP – Birmingham City Council v D CoP 21-Jan-2016
D was a young adult with several disorders presenting challenging behaviour. The Hospital sought arrangements allowing control over him for his care and education. . .
Cited – In re AB (A Child : Deprivation of Liberty) FD 28-Jul-2015
The court was asked who, as between the parents and the local authority, could consent to an order depriving a child in residential care, of his liberty.
Held: A local authority with parental responsibility by virtue of a care order or interim . .
Cited – Re D (A Child ; Deprivation of Liberty) FD 31-Mar-2015
The child, now 15 suffered several conditions which led to his challenging behaviour. He had been voluntarily admitted for assessment, and awaited placement in the community, but the Health trust now sought directions confirming the lawfulness of . .
Cited – In re Agar-Ellis (No 2) CA 24-Jul-1883
A father has a legal right to control and direct the education and bringing up of his children until they attain the age of twenty-one years, even although they are wards of Court, and the Court will not interfere with him in the exercise of his . .
Cited – In Re K (A Child) (Secure Accommodation Order: Right to Liberty) CA 29-Nov-2000
An order providing that a child should stay in secure accommodation, was an order which restricted the child’s liberty. A justification for such a restriction had to be brought within the exceptions listed in article 5.
Held: Detention for . .
Cited – Hewer v Bryant CA 1969
The issue was the meaning of ‘in the custody of a parent’ in the Limitation Act 1954.
Held: A 15-year-old living away from home and working as an agricultural trainee was not in the custody of a parent for this purpose. ‘Custody’ in the . .
Cited – Regina v Howard 1966
A child below the age of 16 could consent to sexual intercourse so that it was not rape . .
Cited – Regina v D HL 1984
D was convicted for kidnapping his 5-year old daughter, a ward of court, who was in the care and control of her mother. The CA held that there was no such offence as the kidnapping of a child under 14, that it could not be committed by a parent, and . .
Cited – HL v United Kingdom ECHR 2004
Lack of Patient Safeguards was Infringement
The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further . .
Cited – Stefan Stankov v Bulgaria ECHR 17-Mar-2015
. .
Cited – The Queen v Howes 23-Nov-1860
a father sought the delivery to him of a girl of 15 who was unwilling to return to him, and had been brought into court in obedience to a writ of habeas corpus and interviewed privately by the judges before they heard argument. Cockburn CJ, giving . .
Cited – Rex v Greenhill 29-Jan-1836
The children were all under six years of age and were with their mother. Their father obtained an order for them to be delivered up to him and their mother applied for that to be set aside.
Held: She was unsuccessful, a father being entitled . .
Cited – Mihailovs v Latvia ECHR 22-Jan-2013
. .
Cited – DD v Lithuania ECHR 14-Feb-2012
. .
Cited – Stanev v Bulgaria ECHR 17-Jan-2012
The court observed, in passing, that ‘there are situations where the wishes of a person with impaired mental facilities may be validly replaced by those of another person acting in the context of a protective measure and that it is sometimes . .
Cited – Thomasset v Thomasset CA 1894
The machinery of enforcement of payment of maintenance was laid down in the Poor Laws: ‘As regards maintenance, the parents’ obligations were measured both at law and in equity by the Poor Laws’.
After quoting Coleridge J in Greenhill, Lindley . .
Cited – Regina v Maria Clarke 21-Jan-1857
The court was asked whether the ten year old girl’s widowed mother, as her guardian for nurture, had a legal right to custody against the wishes of the girl, however intelligent she was, or whether the court was bound to examine the child to . .
Cited – Re T (A Child) CA 4-Oct-2018
The appellant was 15 years old and subject to a full care order. The local authority proposed that she be detained in a unit which was not an approved children’s home, and sought authority from the High Court for the restriction of the child’s . .
Cited – Regina v Gyngall 1893
The father of the child (a girl of about 15) was dead and it was the mother who was the guardian, it seems by operation of the Guardianship of Infants Act 1886. The decision of the first instance court not to return the girl to her mother, despite . .
Cited – Ferreira, Regina (on The Application of) v HM Senior Coroner for Inner South London CA 26-Jan-2017
The situation where a person is taken into an intensive care unit for the purpose of life-saving treatment and is unable to give their consent to their consequent loss of liberty, does not result in a deprivation of liberty for article 5 purposes so . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – Re H-B (Contact) CA 22-Apr-2015
F’s appeal against orders made on his application for contact refusing him direct contact.
Sir James Munby P said: ‘. . parental responsibility is more, much more than a mere lawyer’s concept or a principle of law. It is a fundamentally . .
Cited – Nielsen v Denmark ECHR 28-Nov-1988
The applicant, a minor, complained about his committal to a child psychiatric ward of a state hospital at his mother’s request. The question was whether this was a deprivation of his liberty in violation of article 5. The applicant said that it was, . .
Cited – In Re C (A Minor) (Medical Treatment: Court’s Jurisdiction); Re C (Detention: Medical Treatment) FD 21-Mar-1997
A children’s clinic is not secure accommodation, and the court may make orders for his or her treatment whilst in the clinic. The court discussed whether the state had power if necessary to detain a child using its parens patriae powers to give . .
Cited – Montgomery v Lanarkshire Health Board SC 11-Mar-2015
Change in Doctors’ Information Obligations
The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a . .
Cited – Regina v Secretary of State for the Home Department Ex Parte A HL 27-Jan-2000
A youth had been remanded into the care of the local authority pending his trial. He was eventually made subject to a custodial sentence and sought to have the period of remand deducted from his sentence. The period in care had not been in a secure . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 April 2022; Ref: scu.642320
The child, now 15 suffered several conditions which led to his challenging behaviour. He had been voluntarily admitted for assessment, and awaited placement in the community, but the Health trust now sought directions confirming the lawfulness of its actions.
Keehan J
[2015] EWHC 922 (Fam), [2015] 3 FCR 60, (2015) 144 BMLR 210, [2015] Fam Law 636, [2016] 1 FLR 142, [2015] COPLR 209
England and Wales
Cited – In Re K (A Child) (Secure Accommodation Order: Right to Liberty) CA 29-Nov-2000
An order providing that a child should stay in secure accommodation, was an order which restricted the child’s liberty. A justification for such a restriction had to be brought within the exceptions listed in article 5.
Held: Detention for . .
See Also – Re D (A Child ; Deprivation of Liberty) FD 31-Mar-2015
The child, now 15 suffered several conditions which led to his challenging behaviour. He had been voluntarily admitted for assessment, and awaited placement in the community, but the Health trust now sought directions confirming the lawfulness of . .
See Also – Re D (A Child ; Deprivation of Liberty) FD 31-Mar-2015
The child, now 15 suffered several conditions which led to his challenging behaviour. He had been voluntarily admitted for assessment, and awaited placement in the community, but the Health trust now sought directions confirming the lawfulness of . .
Cited – In re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 April 2022; Ref: scu.545014
The Professional Standards Authority (‘the PSA’) has referred to the High Court a decision of the Professional Conduct Committee (‘PCC’) of the General Chiropractic Council (‘GCC’), made on 5th November 2013 in respect of a registered chiropractor, Mr Briggs.
The PCC found that, in February 2012, Mr Briggs was guilty of unacceptable professional conduct by providing chiropractic treatment to patients when registered as ‘non-practising’ and without having indemnity insurance. The PCC imposed a six month suspension order, without provision for any review.
Lang J
[2014] EWHC 2190 (Admin)
National Health Service Reform and Health Care Professions Act 2002 29
England and Wales
Updated: 15 April 2022; Ref: scu.534412
European Citizens’ Initiative – Eu Financing of Activities Involving The Destruction of Human Embryos – Judgment – Institutional law – European Citizens’ Initiative – Research policy – Public health – Development cooperation – EU financing of activities involving the destruction of human embryos – Commission communication pursuant to Article 10(1)(c) of Regulation (EU) No 211/2011 – Actions for annulment – Capacity to bring legal proceedings – Challengeable act – Partial inadmissibility – Judicial review – Obligation to state reasons – Manifest error of assessment
ECLI:EU:T:2018:210, [2018] EUECJ T-561/14
European
Updated: 14 April 2022; Ref: scu.609320
The court was asked as to the extent to which the Defendant (an NHS Foundation Trust) complied with its contractual obligation to monitor whether junior doctors employed by it take their 30 minute natural breaks after approximately 4 hours’ continuous duty.
Simler DBE J
[2018] EWHC 796 (QB), [2018] WLR(D) 238
England and Wales
Updated: 13 April 2022; Ref: scu.609112
KerrJ
[2018] EWHC 758 (Admin)
England and Wales
Updated: 13 April 2022; Ref: scu.608914
Schedule 6: Social workers/social care workers – Cancellation of registration
[2011] UKFTT 317 (HESC)
England and Wales
Updated: 12 April 2022; Ref: scu.443201
[2010] UKFTT 138 (HESC)
England and Wales
Updated: 12 April 2022; Ref: scu.427800
The applicant sought to appeal against findings of professional misconduct as a nurse.
Held: Buckley J set out what was meant by a rehearing within the rules governing the Council’s disciplinary procedures: ‘Rehearing is to be understood as it is under Order 59 which governs appeals to the Court of Appeal when exercising its civil jurisdiction. On such appeals the Court is always conscious that it has not seen or heard the witnesses and particularly so in cases which turn to any significant extent on their credibility. We were referred to the unreported case of Slater v.UKCC 16 May 1988, which confirmed that in appeals from disciplinary tribunals of professional bodies, a further consideration arises, namely, as the members of such tribunals will be chosen for their knowledge and experience, in particular, of the rules and practices of their profession, they will be singularly well placed to judge matters, where such knowledge and experience is an advantageous. Thus, their decisions are not to be interfered with lightly.
It is for that reason that one finds various expressions in the cases, … such as ‘this court is loathe to interfere with those decisions unless it is clear that the decision which was come to was a wrong one’ or that it will only do so if the decision was ‘plainly wrong’. These expressions indicate, in my judgment, that in carrying out its appellate duty, the court will bear in mind the advantages enjoyed by the tribunal. They do not absolve the court from its duty of enquiry.’
Staughton LJ said: ‘The appellate court must give full weight to the fact that, unlike the tribunal from which the appeal comes, it has not seen and heard the witnesses. But having done that, the appellate court is still entitled to reach different conclusions of fact, if satisfied that it is right to do so.
Secondly, this court on such an appeal must bear in mind that the members of the Professional Conduct Committee have relevant professional skills, which we do not have. We must give full weight to that when considering matters of professional behaviour. But once again we are entitled, having done so, to reach different conclusions of fact on such matters if we are nevertheless satisfied that it is right to do so.’
Buckley J, Staughton LJ
Unreported, 19 February 1993
England and Wales
Cited – Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court Admn 10-Jun-1998
The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses.
Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.277520
Stanley Burnton J
[2006] EWHC 2960 (Admin)
England and Wales
Updated: 12 April 2022; Ref: scu.246380
[2004] EWCST 369(EA)
England and Wales
Updated: 12 April 2022; Ref: scu.224950
[2005] EWCST 527
Child Minding and Day Care (Suspension of Registration) (England) Regulations 2003
England and Wales
Updated: 12 April 2022; Ref: scu.230962
Unless there was some bad faith or other unreasonableness it was for the employer Health authority to categorise the conduct of which complaint was made about a doctor as either personal or professional.
Lightman J
(1998) 49 BMLR 55
England and Wales
Applied – 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 – 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.
Updated: 12 April 2022; Ref: scu.182500
In the context of an application for a pharmacy licence, questions of adequacy, need and desirability are to be decided by the decision-makers, and provided that the proper approach is adopted, the answer will inevitably become a question of fact and degree eminently suitable for resolution by a committee of laymen, and not susceptible to sophisticated legal analyses.
[1999] EWCA Civ 957, (1999) 48 BMLR 204
England and Wales
Appeal from – Regina v Family Health Services Appeal Authority ex parte E Moss Limited Admn 29-Apr-1998
. .
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.
Updated: 12 April 2022; Ref: scu.145872
A decision that a pharmacist’s move is minor can be made without reference to others.
Times 06-Mar-1995
Updated: 10 April 2022; Ref: scu.89584
Test of need for pharmacy; ‘necessary or desirable’ not disjunctive nor 2 method.
Times 06-May-1996
National Health Service Act 1977 42(2)(c)
Updated: 10 April 2022; Ref: scu.88358
The EC Directive does not require the publication of a list of specialist practitioners.
Independent 27-Apr-1993
Updated: 10 April 2022; Ref: scu.87980
It was proper for a professional body granting rights to practice by means of examination tests, to limit the number of attempts at such examinations. Although such a limit did operate as a restraint of trade, that restraint was justified in order to protect the public and maintain professional integrity. The maximum was not required to be imposed by statute, but it could not be said to be irrational.
Times 17-Oct-2000
Updated: 09 April 2022; Ref: scu.87545
Existing pharmacy services provided by a doctor’s practice was a relevant consideration in the need for a pharmacy.
Times 08-Jan-1996
Updated: 09 April 2022; Ref: scu.86908
the General Medical Council may not impose a higher standard on foreign doctors for qualification. Such a requirement is discriminatory.
Times 17-Feb-1995, Ind Summary 01-May-1995
Appeal from – Regina v General Medical Council Ex Parte Virik CA 31-Oct-1995
On registering a foreign doctor there is no test for comparison with an EU doctor. . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.86686
On registering a foreign doctor there is no test for comparison with an EU doctor.
Times 31-Oct-1995
England and Wales
Appeal from – Regina v General Medical Council Ex Parte Virik QBD 17-Feb-1995
the General Medical Council may not impose a higher standard on foreign doctors for qualification. Such a requirement is discriminatory. . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.86687
The Minister for Health could not be restrained from inclusion in the Consultancy Service Index of people suspected of child abuse but against whom nothing had been proved. The list was not ultra vires, and nor was it a breach of Human Rights.
Times 18-Jan-1999
Updated: 09 April 2022; Ref: scu.85483
English law had been correctly applied in GMC disciplinary proceedings even though they were heard in Scotland.
Gazette 03-Feb-1993, [1993] AC 388
Cited – Sadler v The General Medical Council PC 15-Jul-2003
(The Committee on Professional Performance of the GMC) The distinction drawn in Krippendorf between a practitioner’s current competence and past performance was not to be taken too far. The purpose of the assessment was not to punish the . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.83490
The Council when hearing a disciplinary complaint, must consider all the evidence, and explain its understanding of any rules which it intends to apply before retiring, where there might be any doubt or question. A conviction for a traffic offence can be of such a kind and seriousness as to bring a profession into disrepute and to be professional misconduct
Independent 23-Mar-1993, Gazette 16-Jun-1993
Nurses Midwives & Health Visitors Act 1979
England and Wales
Updated: 08 April 2022; Ref: scu.79901
Registered osteopath given conditional discharge for possession of offensive weapon in public place
Lord Justice Underhill,
(Vice-President of the Court of Appeal (Civil Division)),
Lord Justice Stuart-Smith,
And,
Lord Justice Nugee
[2021] EWCA Civ 1940, [2021] WLR(D) 636, [2022] 1 WLR 1626
General Osteopathic Council (Professional Conduct Committee) (Procedure) Rules 2000, Osteopaths Act 1993
England and Wales
Appeal from – Wray v General Osteopathic Council QBD 15-Dec-2020
. .
Lists of cited by and citing cases may be incomplete.
Updated: 08 April 2022; Ref: scu.670506
[2018] UKFTT 133 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608668
[2018] UKFTT 1 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608660
[2018] UKFTT 107 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608667
[2018] UKFTT 132 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608665
[2018] UKFTT 2 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608661
[2018] UKFTT 38 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608663
[2018] UKFTT 37 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608662
[2018] UKFTT 134 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608666
[2018] UKFTT 150 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608664
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 against a finding of fact was only permitted where it could be shown that an unduly lenient sentence had been the consequence. However the discretion to review findings of fact would be exercised with great caution. This was such a case. The findings were incorrect, and the sentence unduly lenient.
Richards J
Times 31-Jan-2005
National Health Service Reform and Health Care Professions Act 2002 29
England and Wales
Applied – 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.
Updated: 07 April 2022; Ref: scu.222917
[2017] EWHC 3619 (Fam)
England and Wales
Updated: 06 April 2022; Ref: scu.606360
The claimant a consultant anaesthetist, sought an injunction to restrain the Defendant Trust from:
a. Proceeding with its disciplinary processes in relation to the deaths of two patients under Dr Gregg’s care, pending a decision by the Crown Prosecution Service (CPS) whether to press criminal charges in relation to the deaths;
b. Ceasing to pay Dr Gregg’s salary, on the basis of an order by the Interim Orders Panel of the Medical Practitioner’s Tribunal Service, suspending his registration to practice.
[2018] EWHC 390 (QB)
England and Wales
Updated: 05 April 2022; Ref: scu.605799
[2018] EWFC B7
England and Wales
Updated: 05 April 2022; Ref: scu.605618
Mosty J
[2018] EWHC 267 (Admin)
England and Wales
Updated: 05 April 2022; Ref: scu.605606
Gloster VP CA, Sir Ernest Ryder SPT, David Richards LJJ
[2018] EWCA Civ 144
England and Wales
Updated: 05 April 2022; Ref: scu.605186
Appeal from determination of Medical Practitioners Tribunal. The Tribunal had continued to hear the case in the doctor’s absence.
Held: The Tribunal had before it the facts and could determine the answer.
Lang DBE J
[2017] EWHC 1396 (Admin)
England and Wales
Updated: 05 April 2022; Ref: scu.588887
[2018] EWHC 76 (Admin)
England and Wales
Updated: 04 April 2022; Ref: scu.604745