Category: Health Professions

Re E (Medical Treatment: Anorexia): CoP 15 Jun 2012

The court considered the propriety of ordering continued compulsory treatment of E where the chance of successful treatment for E (and ‘full recovery’) was considered to be in the region of 20% to 30%. Even that prospect could be achieved only by forcible feeding by nasogastric tube under physical or chemical restraint for at least a year

Judges:

Peter Jackson J

Citations:

[2012] EWHC 1639 (COP), [2012] EWCOP 1639

Links:

Bailii, Bailii

Cited by:

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.

Health, Health Professions

Updated: 05 November 2022; Ref: scu.464679

Blanco Perez v Chao Gomez: ECJ 1 Jun 2010

ECJ Article 49 TFEU Directive 2005/36/EC Freedom of establishment Public health Pharmacies Proximity Provision of medicinal products to the public Operating licence Territorial distribution of pharmacies Establishment of limits based on population density Minimum distance between pharmacies Candidates who have pursued professional activities on part of the national territory Priority Discrimination

Judges:

Skouris P

Citations:

[2010] EUECJ C-570/07, C-570/07

Links:

Bailii

Citing:

Opinion – Blanco Perez v Chao Gomez ECJ 30-Sep-2009
ECJ (Freedom Of Establishment) (Opinion) The court looked at the competition implications of the control of licensing of pharmacies. . .
Lists of cited by and citing cases may be incomplete.

European, Health Professions

Updated: 04 November 2022; Ref: scu.463694

Regina v Secretary of State for Health and Family Health Service Appeal Unit ex parte Trivedi: CA 13 Dec 1996

Citations:

[1996] EWCA Civ 1214

Jurisdiction:

England and Wales

Citing:

See Also – Regina v General Medical Council ex parte Dr K S Trivedi CA 3-Mar-1996
. .
See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997
. .
See Also – Trivedi v Royal Hull Hospitals NHS Trust EAT 11-Nov-1996
. .
See Also – Trivedi, Regina (on the Application Of) v General Medical Council CA 14-Nov-1996
. .
See Also – Trivedi v the General Medical Council PC 18-Nov-1996
(Professional Conduct Committee of the GMC) . .
See Also – Regina v Northern and Yorkshire RHA, ex parte Trivedi 1995
The court discussed the scope of the disciplinary process undertaken by the respondent: ‘The fact that the process is investigative and inquisitorial rather than a form of litigation between the parties . . does not mean that the medical service . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 04 November 2022; Ref: scu.141082

Khan v General Pharmaceutical Council: SC 14 Dec 2016

The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension.
Held: The different appeals of both the GPC and the practitioner were allowed. The review committee’s powers were set out within the Order, but how they should be exercised was not set down. From the Indicative Sanctions Guidance however, it was clear that the focus of the review was on the current fitness to resume practice, judged in the light of what the practitioner has, or has not, achieved since the date of suspension. The Extra Division was too ingenious. There was no middle way. It was wrong to remit the case to the committee for disposal on that basis.

Judges:

Lord Neuberger, President, Lord Wilson, Lord Reed, Lord Carnwath, Lord Hodge

Citations:

[2016] UKSC 64, UKSC 2014/0214, [2017] 3 All ER 873, (2017) 153 BMLR 1, [2017] Med LR 49, 153 BMLR 1, [2017] ICR 223, [2017] 1 WLR 169

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Video Summary, SC Hearing ideo

Statutes:

General Pharmaceutical Council (Fitness to Practise and Disqualification etc) Rules 2010

Jurisdiction:

Scotland

Citing:

Appeal from – HK v General Pharmaceutical Council SCS 11-Jul-2014
Appeal from Fitness to Practice Committee of the General Pharmaceutical Council. The practitioner had been suspended, but the penalty was imposed without apparent consideration of the committee’s power to make an alternative order . .
Cited – Taylor v The General Medical Council PC 30-Apr-1990
(The Professional Committee of The General Medical Council) Successive periods of suspension of a practitioner’s registration.
The doctor, who had previously received a suspended sentence of imprisonment for making false statements in order to . .
Cited – Obukofe v General Medical Council Admn 2014
medical practitioner appealed against the direction of a Fitness to Practise Panel of the GMC to extend for one year the period, also of one year, for which he had originally been suspended from practice. He had received suspended sentences of . .
Cited – Dad v The General Dental Council PC 13-Apr-2000
A dentist was convicted of traffic offences including driving whilst disqualified. He was suspended from practising as a dentist for 12 months. He appealed, and the court substituted a suspension from practice itself suspended for two years. That . .
Cited – Dr Marinovich v The General Medical Council PC 24-Jun-2002
PC Professional Conduct Committee of the GMC. The applicant had been suspended from practice. He had been struck off in Australia, and moved to the UK to practice. The GMC sought to suspend him because of the . .
Cited – Dr Ghosh v The General Medical Council PC 25-Jun-2001
(Professional Conduct Committee of the GMC) The Board of the Privy Council, when acting to hear an appeal from the disciplinary committee of the General Medical Council would in future deal with the case by way of a rehearing. Given the nature of . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 03 November 2022; Ref: scu.572398

Waghorn v Care Quality Commission: Admn 11 Jul 2012

W, a registered medical practitioner, appealed by way of case stated against the decision that he had carried on an independent hospital without being registered in respect of it under Part II of the Care Standards Act 2000, contrary to section 11 (1) of that Act.

Judges:

Cox DBE J

Citations:

[2012] EWHC 1816 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Crime

Updated: 03 November 2022; Ref: scu.462911

Chhabra v West London Mental Health NHS: QBD 1 Jun 2012

The claimant, a consultant forensic psychiatrist sought to restrain the defendants from going ahead with disciplinary proceedings as to alleged breaches of patient confidentiality.
Held: The application succeeded. The complaint was properly as to misconduct, and not capacity, and the proposed method of investigation was inappropriate.

Judges:

McMullen QC J

Citations:

[2012] EWHC 1735 (QB)

Links:

Bailii

Citing:

Cited – Sarkar v West London Mental Health NHS Trust CA 19-Mar-2010
The doctor had been summarily dismissed for gross misconduct. He now appealed against the EAT’s reversal of the finding of unfair dismissal. The original procedure adopted was appropriate to a lesser level of misconduct, but the employer had later . .

Cited by:

Appeal from – West London Mental Health NHS Trust v Chhabra CA 25-Jan-2013
The Trust appealed against a decision that its procedures in seeking to discipline the respondent consultant forensic psychiatrist were wrongly applied and the associated injunction.
Held: The appeal succeeded. The conduct complained of was of . .
At first instance – West London Mental Health NHS Trust v Chhabra SC 18-Dec-2013
The trust sought to begin disciplinary proceedings against the claimant, a consultant forensic psychologist alleging gross misconduct. She was said to have left confidential patient records on a train.
Held: Gross misconduct should be conduct . .
Lists of cited by and citing cases may be incomplete.

Information, Health Professions, Employment

Updated: 03 November 2022; Ref: scu.461888

Knight v Rochdale Healthcare NHS Trust, the National Health Service Litigation Authority, The Secretary of State for Health: QBD 23 Jul 2003

A contribution to a damages award was sought. The two year period under section 10 had expired between the anniversary of the date on which an agreement to settle the victim’s claim had been made and the anniversary of the consent order which had given effect to the agreement. The court had to decide whether the period for limitation purposes was fixed by subsection 10(3) or 10(4).
Held: A consent order amounted to a ‘judgment’. Subsection 10(4) applied and the contribution claim was time barred: ‘My principal reason for doing so is if a firm agreement is made, as here, time undoubtedly starts to run at that moment. It would be different if the agreement required the making of a consent order before it took effect. Neither party so contends here. Although Parliament could have decided that a consent order should restart the clock, there are insufficiently clear words to indicate that. Indeed the words in subsection (1) ‘Where . . any person becomes entitled’ and the words in subsection (4) ‘the earliest date on which the amount . . is agreed’ suggest that the crucial moment is the first moment when liability arises. It is tidy to conclude that subsections (3) and (4) deal separately with cases decided by a court (or arbitrator) and cases of agreement.’

Judges:

Mr Justice Crane

Citations:

[2003] EWHC 1831 (QB), [2004] 1 WLR 371

Links:

Bailii

Statutes:

Limitation Act 1980 10(3) 10(4)

Jurisdiction:

England and Wales

Cited by:

Cited – Aer Lingus v Gildacroft Ltd and Another CA 17-Jan-2006
The claimant had been found liable to pay damages for personal injury, and now sought contribution from the defendants. The defendants said that they were out of time since the contribution action had been commenced more than 2 years after the . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Professional Negligence, Limitation

Updated: 31 October 2022; Ref: scu.184876

Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982

Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the requirements of article 6(1), or they do not so comply but are subject to subsequent control by a judicial body which has full jurisdiction and does provide the guarantees of article 6(1).’

Citations:

(1983) 5 EHRR 533, 7238/75, 6878/75, [1982] ECHR 7

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6(1)

Jurisdiction:

Human Rights

Citing:

See Also – Le Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981
Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have . .
See Also – Le Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981
The applicants were suspended from practising medicine for three months by the Provincial Council of the Ordre des medecins. They appealed unsuccessfully to the Appeal Council and again unsuccessfully to the Court de Cassation. Dr Le Compte . .

Cited by:

See also – Albert And Le Compte v Belgium ECHR 10-Feb-1983
Hudoc Violation of Art. 6-1; Just satisfaction reserved . .
See Also – Albert And Le Compte v Belgium ECHR 24-Oct-1983
ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. . .
See Also – Albert And Le Compte v Belgium (Article 50) ECHR 24-Oct-1983
The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – The British Medical Association, Regina (on the Application of) v The General Medical Council and Another Admn 4-May-2016
The BMA sought to challenge the validity of the rules governing the procedure of Fitness to Practice panels. In particular the BMA challenged the new absence of a requirement that the panel’s legal advice and assistance be available to the parties. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health Professions

Updated: 31 October 2022; Ref: scu.227211

ABC v St George’s Healthcare NHS Trust and Others: QBD 28 Feb 2020

By this claim brought against three NHS trusts, the claimant contends that the defendants breached a duty of care owed to her and/or acted contrary to her rights under Article 8 of the European Convention on Human Rights in failing to alert her to the risk that she had inherited the gene for Huntington’s disease in time for her to terminate her pregnancy. The claimant seeks damages for the continuation of her pregnancy, psychiatric damage and consequential losses.

Judges:

Mrs Justice Yip DBE

Citations:

[2020] EWHC 455 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Human Rights

Updated: 31 October 2022; Ref: scu.648895

Taylor v The General Medical Council: PC 30 Apr 1990

(The Professional Committee of The General Medical Council) Successive periods of suspension of a practitioner’s registration.
The doctor, who had previously received a suspended sentence of imprisonment for making false statements in order to enable persons to obtain passports, had been found guilty of serious professional misconduct in having irresponsibly issued prescriptions for methadone to about 70 patients. Upon directing suspension for one year, the committee had intimated the need for a later review, at which the period was extended for a year and the same intimation was given. The doctor’s appeal was brought against the direction made at the second review, which was for extension for one further but final year. The submission of counsel for the GMC, set out at pp 540 and 542, was that the committee must have considered that three years was the proper period of suspension in view of the doctor’s serious misconduct; that its initial direction for suspension could not have been for more than a year; and that it had not been wrong for the two years to be added at the two successive reviews.
Held: The doctor’s appeal succeeded: ‘the only explanation for the committee’s decision … to direct a third such period was that they regarded the original decision to direct suspension instead of erasure as having been too lenient … the direction was wrong in principle.’
Lord Bridge of Harwich said: ‘It can never be a proper ground for the exercise of the power to extend the period of suspension that the period originally directed was insufficient to reflect the gravity of the original offence or offences.’

Judges:

Lord Bridge of Harwich

Citations:

[1990] UKPC 19, [1990] 2 AC 539

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Health Professions

Updated: 27 October 2022; Ref: scu.429815

Regina v General Medical Council ex parte Dr K S Trivedi: CA 3 Mar 1996

Citations:

[1996] EWCA Civ 503

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997
. .
See Also – Trivedi v Royal Hull Hospitals NHS Trust EAT 11-Nov-1996
. .
See Also – Trivedi, Regina (on the Application Of) v General Medical Council CA 14-Nov-1996
. .
See Also – Trivedi v the General Medical Council PC 18-Nov-1996
(Professional Conduct Committee of the GMC) . .
See Also – Regina v Northern and Yorkshire RHA, ex parte Trivedi 1995
The court discussed the scope of the disciplinary process undertaken by the respondent: ‘The fact that the process is investigative and inquisitorial rather than a form of litigation between the parties . . does not mean that the medical service . .

Cited by:

See Also – Trivedi v Royal Hull Hospitals NHS Trust EAT 11-Nov-1996
. .
See Also – Trivedi, Regina (on the Application Of) v General Medical Council CA 14-Nov-1996
. .
See Also – Trivedi v the General Medical Council PC 18-Nov-1996
(Professional Conduct Committee of the GMC) . .
See Also – Regina v Secretary of State for Health and Family Health Service Appeal Unit ex parte Trivedi CA 13-Dec-1996
. .
See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997
. .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 27 October 2022; Ref: scu.140370

Bowden and Another v Lancashire County Council: CA 18 Jun 1994

The council had made an ex parte application to the magistrates to cancel the appellant’s registration as a child minder.
Held: The court affirmed the order setting aside the magistrates decision. The circumstances which the council put before the justices did not constitute an emergency sufficient to justify a summary order without notice under section 75.

Citations:

Unreported, 18 June 1994

Statutes:

Children Act 1989 75

Jurisdiction:

England and Wales

Cited by:

See Also – Bowden and Another v Lancashire County Council CA 16-Apr-2002
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 27 October 2022; Ref: scu.261518

Khan, Regina (on the Application Of) v Secretary of State for Health: Admn 17 Jun 2003

Citations:

[2003] EWHC 1414 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Appeal from – Khan, Regina (on the Application of) v Secretary of State for Health CA 10-Oct-2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Coroners

Updated: 26 October 2022; Ref: scu.185375

Regina v Mid Glamorgan Family Health Services Authority, ex parte Martin: CA 7 Sep 1994

A doctor may deny a patient access to his health records if it is in the patient’s best interests to do so. There is no common law right for a patient to see his own medical records, and the Act is not retrospective.

Citations:

Gazette 19-Oct-1994, Independent 07-Sep-1994, Times 16-Aug-1994, [1995] 1 All ER 357

Statutes:

Access to Health Records Act 1990

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Mid Glamorgan Family Health Services and Another, ex parte Martin QBD 2-Jun-1993
The Access to Health Records Act 1990 did not give retrospective rights of access to records which had been created before it was brought into effect. . .

Cited by:

Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Health, Information

Updated: 26 October 2022; Ref: scu.87336

Martine v South East Kent Health Authority: CA 22 Mar 1993

The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff’s nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority’s chief nursing officer. The order cancelling the registration was made by the magistrate and the nursing home was perforce closed with financial loss to its proprietor. The licence was later re-instated. The proprietor sought damages.
Held: There was no cause of action in negligence for the alleged careless investigation by an area health authority towards a registered nursing home leading to an urgent application under section 30 for cancellation of the registration. The authority had no duty of care was not owed.
Dillon LJ said: ‘it was not just or reasonable . . that there should be a duty of care because the adversarial system of litigation has its own rules and requirements, which operate as checks and balances’ and that if in any circumstances the checks and balances should fail ‘negligence as a tort could not be, and should not be, invoked as the remedy.’
Leggatt LJ said: ‘The prescribed procedure is fast, and interposes only a sole justice of the peace between a health authority in pursuit of an order under the Act and the owner of a nursing home. But the fact that the safeguard is slight does not entitle a litigant to make good a supposed deficiency in the statutory procedure by recourse to the tort of negligence.’

Judges:

Dillon LJ, Leggatt LJ

Citations:

Ind Summary 22-Mar-1993, (1993) 20 BMLR 51, Times 08-Mar-1993

Statutes:

Registered Homes Act 1984 30

Jurisdiction:

England and Wales

Cited by:

Cited – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
Cited – Bowden and Another v Lancashire County Council CA 16-Apr-2002
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and . .
Cited – Trent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
Lists of cited by and citing cases may be incomplete.

Negligence, Licensing, Health Professions

Updated: 26 October 2022; Ref: scu.83452

Dr Marinovich v The General Medical Council: PC 24 Jun 2002

PC Professional Conduct Committee of the GMC. The applicant had been suspended from practice. He had been struck off in Australia, and moved to the UK to practice. The GMC sought to suspend him because of the findings in Australia. After his initial suspension new procedures came in, and an interim order was made imposing conditions as to his practice. Later, when the case came before the full committee further complaints were made as to his failure to follow the conditions.
Held: Despite the existence of some doubts about the finding of professional misconduct in Australia, that shown in England was not in doubt. The erasure of his name was appropriate, and would not be set aside.
Lord Hope said: ‘In the appellant’s case the effect of the committee’s order is that his erasure is for life but it has been said many times that the Professional Conduct Committee is the body which is best equipped to determine questions as to the sanction that should be imposed in the public interest for serious professional misconduct. This is because the assessment of the seriousness of the misconduct is essentially a matter for the committee in the light of its experience. It is the body which is best qualified to judge what measures are required to maintain the standards and reputation of the profession.
That is not to say that their lordships may not intervene if there are good grounds for doing so. But in this case their lordships are satisfied that there are no such grounds. This is a case of such a grave nature that the finding that the appellant was unfit to practice was inevitable. The committee was entitled to give greater weight to the public interest and to the need to maintain public confidence in the profession than to the consequences to the appellant of the imposition of the penalty. Their lordships are quite unable to say that the sanction of erasure which the committee decided to impose in this case while undoubtedly severe was wrong or unjustified.’

Judges:

Lord Hope of Craighead Sir Christopher Slade Sir Philip Otton

Citations:

[2002] UKPC 36

Links:

PC, Bailii

Statutes:

Medical Act 1983 42(3), Medical Act 1983 (Amendment) Order 2000 (SI 2000/1803)

Jurisdiction:

Commonwealth

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

Health Professions

Updated: 25 October 2022; Ref: scu.174495

Dr Adil Mahmud Raji v The General Medical Council: PC 19 Mar 2003

PC (The Professional Conduct Committee of the GMC) The appellant had applied to the Committee to be restored to the medical register. He was not represented. The committee had required him at the same time, to present his application, and also to make representations as to why he should not be prevented from making further applications.
Held: The procedure was flawed. The procedure was not justified by the rules, and was not necessary. The effect, particularly for an applicant in person, would be to require him, in effect to argue contradictory cases, and would thus inhibit his main application. The committee should hear the main application, and only if it rejected that application should it ask if there were reasons why he should not be barred from re-applying.

Judges:

Steyn, Rodger of Earlsferry LL, Sir Andrew Leggatt

Citations:

[2003] UKPC 24, Times 31-Mar-2003, Gazette 29-May-2003

Links:

PC, Bailii, PC

Statutes:

Medical Act 1983 41

Jurisdiction:

England and Wales

Health Professions

Updated: 25 October 2022; Ref: scu.179987

Dad v The General Dental Council: PC 13 Apr 2000

A dentist was convicted of traffic offences including driving whilst disqualified. He was suspended from practising as a dentist for 12 months. He appealed, and the court substituted a suspension from practice itself suspended for two years. That would give ample opportunity for the appellant to demonstrate or otherwise his ability not to re-offend. The offences were not directly related to his capacity to practice and it was important to keep a proper proportion between the offence and the very severe consequences of a suspension.
Lord Hope said: ‘It is well established, for very good reasons, that the Board will not interfere with the exercise of the discretion of a Professional Conduct Committee in matters relating to penalty. The assessment of the seriousness of the misconduct upon proof of a conviction is essentially a matter for the Committee, in the light of their experience of the range of cases which come before them. They are best qualified to judge what measures are required to maintain the standards and reputation of the profession and to assess the seriousness of any misconduct. As a general rule therefore the Board will be very slow to interfere with the decision of the Committee on matters relating to penalty.’

Judges:

Lord Hope

Citations:

Times 19-Apr-2000, [2000] UKPC 17, Appeal No 29 of 1999, [2000] 1 WLR 1538, [2000] Lloyd’s Rep Med 299, (2000) 56 BMLR 130

Links:

Bailii, PC, PC

Statutes:

General Dental Council Professional Conduct Committee (Procedure) Rules 1984 Order of Council 1984 (1984 No 1517), Dentists Act 1984

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

Health Professions, Employment

Updated: 25 October 2022; Ref: scu.163230

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 the threat to those appearing before the committee, their human rights to a fair trial could be protected by the additional jurisdiction. Exercising that jurisdiction in this case, the board decided that the remedy imposed had been appropriate and proportionate.
Lord Millett said: ‘The board will afford an appropriate measure of respect to the judgment in the committee whether the practitioner’s failing amount to serious professional misconduct and on the measures necessary to maintain professional standards and provide adequate protection to the public. But the board will not defer to the committee’s judgment more than is warranted by the circumstances.’

Judges:

Lord Millett

Citations:

Times 25-Jun-2001, [2001] 1 WLR 1915, [2001] UKPC 29, Appeal No 69 of 2000

Links:

Bailii, PC, PC, PC

Statutes:

Human Rights Act 1998

Jurisdiction:

Commonwealth

Citing:

Followed – 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 . .

Cited by:

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 – Dr Norton v The General Medical Council PC 11-Feb-2002
The appellant doctor had practised in plastic and related surgery, particularly liposuction. The complaints against him related to a failure to supervise his staff, wrongful delegation, and lack of care. His name had been erased from the register, . .
Cited – Mubarak v General Medical Council Admn 20-Nov-2008
The doctor appealed against a finding against him of professional misconduct in the form of a sexualised examination of a female patient.
Held: The reasons given were adequate, and the response of erasure from the register was the only one . .
Cited – Khan v General Pharmaceutical Council SC 14-Dec-2016
The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension.
Held: The different appeals of both the . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights

Updated: 25 October 2022; Ref: scu.80807

British Pregnancy Advisory Service, Regina (on The Application of) v The Secretary of State for Health and Social Care: CA 10 Mar 2020

correct construction of the words ‘the pregnancy has not exceeded its twenty-fourth week’ in section 1(1)(a) Abortion Act 1967

Judges:

Lady Justice Nicola Davies

Citations:

[2020] EWCA Civ 355

Links:

Bailii

Statutes:

Abortion Act 1967 1(1)(a)

Jurisdiction:

England and Wales

Health Professions, Crime

Updated: 25 October 2022; Ref: scu.648604

Raqeeb v Barts NHS Foundation Trust: Admn 3 Oct 2019

‘The dilemma presented by cases concerning, as this case does, the withdrawal of life sustaining treatment from a child rests on the fact that they address what many see as an appalling present, but a present that for many also remains sanctified morally or as an article of religious faith because life subsists. For the treating doctors involved in such cases, seen through the prism of medical best interests life is at best a barely wakeful shadow burdened by futile medical treatment or, at worst, mere oblivion. For parents, seen through the prism of abiding love and fierce devotion and the amplifying effect on those emotions of the flattering voice of hope, life is still a faded jewel that has not yet been robbed away from the body and one that may yet regain its lustre. Within this context, the decision for this court in these concurrent proceedings is a grave, multifaceted and complex one.’

Judges:

Mr Justice MacDonald

Citations:

[2019] EWHC 2531 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Human Rights, Health Professions

Updated: 23 October 2022; Ref: scu.642717

Regina (on the Application of Jennifer Campbell) v The General Medical Council: CA 11 Mar 2005

The Council complained that when assessing disciplinary charges against the doctor, they had taken into account when looking at his guilt, his professional reputation.
Held: A doctor’s reputation was relevant only when considering any mitigation, and was not relevant when deciding whether the allegation was true. With respect, the Board of the Privy Council in Rao and Silver had misread the case of Preiss, where a clear distinction had been made between evidence in support of the charge and evidence put forward in mitigation.

Judges:

Lord Justice Longmore Lord Justice Judge Lord Justice Jacob

Citations:

[2005] EWCA Civ 250, Times 18-Apr-2005, [2005] 1 WLR 3488, [2005] 2 All ER 970

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Distinguished – Dr Silver v The General Medical Council PC 14-Apr-2003
(General Medical Council) The appellant appealed a finding of serious professional misconduct and his suspension from the medical register for twelve months. Over a nine day period despite prompts from the son, a daughter and two other health care . .
Distinguished – Dr Narasinga Mukunda Rao vThe General Medical Council PC 9-Dec-2002
PC (The Professional Conduct Committee of the GMC) The misconduct was a single incident. There was undoubted negligence but something more was required to constitute serious professional misconduct and to attach . .
Applied – Preiss v General Dental Council PC 17-Jul-2001
(Professional Conduct Committee of the GDC) The procedures of the General Dental Council were in breach of the right to a fair trial, insofar as the same person might both carry out the preliminary stages of an investigation, and later be involved . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 22 October 2022; Ref: scu.223496

Trivedi, Regina (on the Application Of) v General Medical Council: CA 14 Nov 1996

Citations:

[1996] EWCA Civ 1289

Jurisdiction:

England and Wales

Citing:

See Also – Regina v General Medical Council ex parte Dr K S Trivedi CA 3-Mar-1996
. .
See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997
. .
See Also – Trivedi v Royal Hull Hospitals NHS Trust EAT 11-Nov-1996
. .
See Also – Trivedi v the General Medical Council PC 18-Nov-1996
(Professional Conduct Committee of the GMC) . .
See Also – Regina v Northern and Yorkshire RHA, ex parte Trivedi 1995
The court discussed the scope of the disciplinary process undertaken by the respondent: ‘The fact that the process is investigative and inquisitorial rather than a form of litigation between the parties . . does not mean that the medical service . .

Cited by:

See Also – Regina v General Medical Council ex parte Dr K S Trivedi CA 3-Mar-1996
. .
See Also – Trivedi v Royal Hull Hospitals NHS Trust EAT 11-Nov-1996
. .
See Also – Trivedi v the General Medical Council PC 18-Nov-1996
(Professional Conduct Committee of the GMC) . .
See Also – Regina v Secretary of State for Health and Family Health Service Appeal Unit ex parte Trivedi CA 13-Dec-1996
. .
See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997
. .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 22 October 2022; Ref: scu.200688

Healthcare At Home Ltd v The Common Services Agency: SCS 1 May 2012

Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor.

Judges:

Lord Hodge

Citations:

[2012] ScotCS CSOH – 75

Links:

Bailii

Statutes:

Public Contracts (Scotland) Regulations 2006 47A(1)(b)(I), Directive 2004/18/EC

Jurisdiction:

Scotland

Citing:

Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 1-Feb-2011
Outer House – The pursuer sought an order in terms of the Regulation, setting aside the decision of the defender to award the ‘NP 341/10 Trastuzumab Homecare and Near Patient Treatment Services’ Framework Agreement to BUPA Home Healthcare Ltd. . .

Cited by:

Outer House (2) – Healthcare At Home Ltd v The Common Services Agency SCS 21-Mar-2013
Inner House – Healthcare challenged the loss of a contract for provision of cancer treatments for their patients to a competitor. . .
Outer House (2) – Healthcare at Home Ltd v The Common Services Agency SC 30-Jul-2014
The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered.
Held: When an . .
Lists of cited by and citing cases may be incomplete.

Health Professions, European

Updated: 22 October 2022; Ref: scu.457648

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.

Judges:

Lord Justice Sedley

Citations:

[2007] EWCA Civ 106, [2007] IRLR 237, [2007] IRLR 244, (2007) 94 BMLR 25

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mezey v South West London and St George’s Mental Health NHS Trust QBD 20-Dec-2006
. .
Appeal from – Mezey v Southwest London and St George’s Mental Health NHS Trust QBD 9-Jan-2007
. .

Cited by:

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: 20 October 2022; Ref: scu.248992

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 throughout his employment. The claimant argued that the calculation should not include the period during which his earnings were reduced because of the injury.
Held: The respondent had properly calculated the entitlement according to the rules.

Judges:

Wilkie J

Citations:

Times 04-Jan-2005, [2004] EWHC 2879 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Malekout v Allied Dunbar Assurance Plc CA 3-Feb-2004
The claimant appealed refusal of his claim under a Personal Retirement Policy. The issue was as to his right to a waiver of contributions benefit from inception or at all. He had been a dentist, but suffered an injury which became progressively more . .

Cited by:

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

Health Professions

Updated: 20 October 2022; Ref: scu.221714

M (Declaration of Death of Child): CA 14 Feb 2020

A Health Authority had applied for and obtained, against the parents’ wishes, for an order allowing withdrawal of ventilator life support for a child born with brain stem death. The parents now appealed.

Judges:

Sir Andrew McFarlane P

Citations:

[2020] EWCA Civ 164

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Human Rights

Updated: 20 October 2022; Ref: scu.648245

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 unethical. They sought a declaration that they may not be obliged to offer the treatment again. The patient supported the application and had made an Advance Direcitive as to her treatment, but lacked capacity to litigate.
Held: Although she did not want to be compelled to receive treatment, Ms X had no wish to die. The court wished that she might still voluntarily seek assistance and treatment, but court declined to order her compulsory treatment.

Judges:

Cobb J

Citations:

[2014] EWCOP 35

Links:

Bailii

Statutes:

Mental Health Act 1983, Mental Capacity Act 2005 4(5) 24, European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Cited – 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 – Aintree University Hospitals NHS Foundation Trust v James SC 30-Oct-2013
The hospital where a gravely ill man had been treated had asked for a declaration that it would be in his best interests to withhold certain life-sustaining treatments from him. When can it be in the best interests of a living patient to withhold . .
Cited – The NHS Trust v L and Others COP 2012
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; . .
Cited – Re E (Medical Treatment: Anorexia) CoP 15-Jun-2012
The court considered the propriety of ordering continued compulsory treatment of E where the chance of successful treatment for E (and ‘full recovery’) was considered to be in the region of 20% to 30%. Even that prospect could be achieved only by . .
Lists of cited by and citing cases may be incomplete.

Health, Health Professions, Human Rights, News

Updated: 19 October 2022; Ref: scu.537458

HM Chief Inspector of Schools v Spicer: Admn 12 Mar 2004

The applicant was refused registration as a child minder, on the basis that a person is qualified for registration for childminding if she is ‘suitable to look after children under the age of eight’ and that the applicant was said not to be suitable.
Held: The burden of proof is on the Applicant in applications for Registration.

Citations:

[2004] EWHC 440 (Admin)

Links:

Bailii

Statutes:

Children Act 1989 79B(3)(a)

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.

Education, Health Professions

Updated: 19 October 2022; Ref: scu.194700

Abrahaem, Regina (on the Application Of) v General Medical Council: Admn 26 Jan 2004

The court considered the duties of the High Court when assessing a decision of a professional tribunal: ‘The position is now more accurately stated as requiring appropriate respect to be given to the opinion of the professional tribunal. It is likely that the degree of deference will be higher in technical cases where, for example, a knowledge of procedures and medical practices which are in issue, are more within the sphere of expertise of the professional body than the position which can arise in other cases (one might say as this), where the underlying substance of the allegations which the appellant faced, and which he admitted, involve issues of dishonesty and dishonesty in the broadest sense.’

Judges:

Newman J

Citations:

[2004] EWHC 279 (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: 15 October 2022; Ref: scu.194907

Fatnani, Regina (on the Application of) v General Medical Council: Admn 12 Jun 2006

Doctor convicted of participation arrangement for control of proceeds of her daughter’s criminal conduct – conviction on basis of suspicion not knowledge – whether removal from panel proper.

Citations:

[2006] EWHC 1573 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 14 October 2022; Ref: scu.242951

British Medical Association (BMA), Regina (on The Application of) v Secretary of State for Health and Social Care: CA 17 Jan 2020

This claim challenges the lawfulness of certain provisions of the National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019

Citations:

[2020] EWHC 64 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 12 October 2022; Ref: scu.646282