Category: Health Professions

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 appropriate in the circumstances. The appeal failed.

Judges:

Burnett J

Citations:

[2008] EWHC 2830 (Admin)

Links:

Bailii

Statutes:

Medical Act 1983 40

Jurisdiction:

England and Wales

Citing:

Cited – Watt (or Thomas) v Thomas HL 1947
When Scots Appellate Court may set decision aside
The House considered when it was appropriate for an appellate court in Scotland to set aside the judgment at first instance.
Lord Thankerton said: ‘(1) Where a question of fact has been tried by a judge without a jury, and there is no question . .
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 – 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 – General Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
Cited – Flannery and Another v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services CA 18-Feb-1999
A judge at first instance taking a view on an expert’s report should give reasons in his judgment for that view. On appeal, where no reasons had been given, he should be asked to provide reasons by affidavit for the appeal. An inadequately reasoned . .
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 . .
Cited – Bijl v The General Medical Council PC 2-Oct-2001
(Professional Conduct Committee of the GMC) The appellant appealed an order removing him from the register. The board will not usually be in a position to assess the disciplinary issues heard by the Committee. In this case there were findings of . .
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
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 – Phipps v General Medical Council CA 12-Apr-2006
Wall LJ considered the need for the Professional Conduct Committee (PCC) GMC to give clear reasons for its decisions against the background of human rights law, and concluded that the principles enunciated in English were of universal application . .
Cited – Bolton v The Law Society CA 8-Dec-1993
The solicitor who had been admitted to the Roll for two years had disbursed clients money to relatives, as part of the conveyance of property without adequate security but in the expectation that the money would be repaid. The Tribunal found that . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 22 August 2022; Ref: scu.277933

British Medical Association, Regina (on the Application of) v General Medical Council: Admn 3 Oct 2008

The BMA sought judicial review of the decision of the GMC to withdraw a concession to practitioners above the national retirement age forgiving them annual registration fees.
Held: The policy had become unlawful with the anti-age discrimination regulations. There could be no legitimate expectation that an unlawful policy would continue.

Judges:

Burnett J

Citations:

[2008] EWHC 2602 (Admin), Times 19-Jan-2009

Links:

Bailii

Statutes:

Employment Equality (Age) Regulations 2006 (SI 2006 No 1031)

Jurisdiction:

England and Wales

Health Professions

Updated: 20 August 2022; Ref: scu.277924

Woods v The General Medical Council: CA 18 Jul 2002

Judges:

The Honourable Mr Justice Stanley Burnton

Citations:

[2002] EWHC 1484 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Health Professions

Updated: 20 August 2022; Ref: scu.174332

St Helen’s and Knowsley Area Health Authority v Briody: CA 21 Apr 1999

Citations:

[1999] EWCA Civ 1229

Jurisdiction:

England and Wales

Cited by:

See Also – Briody v St Helens and Knowlsey Heath Authority QBD 21-Jan-2000
The claimant having become unable to have children through the negligence of the Authority, claimed in damages the cost of arranging a paid surrogacy arrangement abroad. Such arrangements here were void and unenforceable, and it would be against . .
ee Also – Briody v St Helens and Knowlsey Area Health Authority CA 29-Jun-2001
The appellant had claimed and been awarded damages for a negligently performed caesarean operation. She had been refused damages for the cost of later going to California to go through a commercial surrogacy procedure.
Held: Such claims were . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Health Professions

Updated: 20 August 2022; Ref: scu.146144

Hussain v Surrey and Sussex Healthcare NHS Trust: QBD 5 Jul 2011

Judges:

Andrew Smith J

Citations:

[2011] EWHC 1670 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust QBD 1-Aug-2011
The claimant who had been dismissed by the defendant, asked the court to find that the defendant had failed to meet its contractual obligations as to the procedure to be followed, and that therefore the court declare the dismissal void.
Held: . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 18 August 2022; Ref: scu.441453

Association of The British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency: ECJ 22 Apr 2010

ECJ Free Movement Of Goods – Directive 2001/83/EC Article 94 Financial inducements to medical practices which prescribe certain medicinal products to their patients Public health authorities Doctors Freedom to prescribe

Judges:

J.-C. Bonichot, President of Chamber and Judges C. Toader, K. Schiemann, P. Kuris and L. Bay Larsen

Citations:

[2010] EUECJ C-62/09 – O, C-62/09

Links:

Bailii, Times

Statutes:

Directive 2001/83/EC 94

Jurisdiction:

European

Citing:

See Also – Association of The British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency ECJ 11-Feb-2010
ECJ Opinion – Directive 2001/83/EC Article 94 Financial inducements to medical practices which prescribe certain medicinal products to their patients Public health authorities Doctors Freedom to prescribe. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 18 August 2022; Ref: scu.414940

Southall v The General Medical Council: CA 4 May 2010

The doctor had appealed against an order striking him from the register of medical practitioners. The court having decided that the order could not stand, now considered the appropriate order to make.
Held: It was appropriate to remit the case, though not to the same panel: ‘protection of the public interest is primarily for the GMC and I do not consider it appropriate to remove the responsibility for making this decision from them. I would quash the findings of the panel in relation to Mrs M (including the sanction) and remit the matter for the GMC to determine whether or not, in the light of all the circumstances and these observations, it is appropriate to pursue the complaint of Mrs M to a fresh panel. If there is to be a re-hearing, I do not accept that it would be right for it to be conducted before the same panel; fresh minds should be brought to the issues in the case.’

Judges:

Waller LJ VP, Sir John Dyson SCJ, Leveson LJ

Citations:

[2010] EWCA Civ 484

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .
Main appeal judgment – Southall v The General Medical Council CA 20-Apr-2010
. .
Cited – Barke v Seetec Business Technology Centre Ltd CA 16-May-2005
Challenge to the lawfulness of the practice of the EAT in referring back to the IT deficient reasons with an invitation to expand upon them.
Held: The words ‘disposing of’ in the section meant ‘dealing with conclusively’ rather than . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 17 August 2022; Ref: scu.409222

Southall v The General Medical Council: CA 20 Apr 2010

Citations:

[2010] EWCA Civ 407

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Southall v The General Medical Council Admn 22-May-2009
The doctor appealed against the erasure of his name from the register of medical practitioners after a finding of serious professional misconduct. There had been earlier similar findings, but based on different allegations.
Held: The doctor’s . .

Cited by:

Main appeal judgment – Southall v The General Medical Council CA 4-May-2010
The doctor had appealed against an order striking him from the register of medical practitioners. The court having decided that the order could not stand, now considered the appropriate order to make.
Held: It was appropriate to remit the . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 17 August 2022; Ref: scu.408783

Christian v Nursing and Midwifery Council: Admn 19 Feb 2010

The appellant, a former registered nurse, Miss Christina Christian appealed against an order of the Nursing and Midwifery Council Conduct and Competence Committee to strike her off as a registered nurse and to impose an interim suspension order. The effect of the latter is to suspend the nurse from practice immediately following pronouncement of the order until the expiration of a period of time or the disposal of any appeal, whichever is the later. As a necessary part of its decision the committee found that the appellant’s fitness to practice was impaired.

Judges:

Roger Kaye QC HHJ

Citations:

[2010] EWHC 803 (Admin)

Links:

Bailii

Statutes:

Nurses, Midwives and Health Visitors Act 1997 12, Nursing and Midwifery Order 2001 29 38

Jurisdiction:

England and Wales

Health Professions

Updated: 17 August 2022; Ref: scu.408613

Justice for Health Ltd, Regina (on The Application of) v The Secretary of State for Health: Admn 28 Sep 2016

The claimant junior doctors’ association challenged the imposition on them of new contracts of employment, on the basis that the 2006 Act gave him no power so to act, that the manner of imposition was opaque and confused, and was irrational and not based upon proper evidence.
Held: None of the challenges succeeded.
‘In determining whether a decision maker has acted irrationally the intensity of the scrutiny to be applied by a Court is context sensitive. Case law tends to suggest that the following considerations will tend to broaden the scope of the margin of appreciation: where the decision maker is taking a decision in the health field with the objective of improving patient care; where the decision adopted is prospective and precautionary (ie based upon a prediction of future benefit and where there is perceived to be a benefit in acting sooner rather than later notwithstanding uncertainties); where the decision maker has indicated a willingness and intention to review the policy as it unfolds to ensure that it is in fact working adequately and to review and modify it to address emerging problems. These sorts of considerations apply in the present case. My prima facie conclusion however is that on the basis of the evidence (of causal connection between senior staffing levels and mortality rates) there is a sufficient evidential basis upon which the Minister could rationally act. That conclusion stands alone but it is also reinforced by these other considerations, all of which apply in some measure in this case.’
Green J said that target duties in the Act: ‘(a) . . do not specify a particular or precisely defined end result as opposed to a broad aim or object and (b) their mandatory nature is diluted by the fact that they do not compel the achievement of that end result instead requiring the Secretary of State only to factor those objectives into consideration.’

Judges:

Green J

Citations:

[2016] EWHC 2338 (Admin), [2016] Med LR 599

Links:

Bailii

Statutes:

National Health Service Act 2006

Jurisdiction:

England and Wales

Cited by:

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

Health Professions

Updated: 16 August 2022; Ref: scu.569628

Kent v Doctor Griffiths, Doctor Roberts, The London Ambulance Service: QBD 16 Jul 1999

The claimant suffered a respiratory arrest after an emergency ambulance called by the first defendant, did not arrive for 40 minutes.
Held: the ambulance service was negligenct and liable. The acceptance of the doctor’s request for an ambulance to come immediately gave rise to a duty of care.

Judges:

Turner J

Citations:

Unreported, 16 July 1999, Case No: 1999/0926

Jurisdiction:

England and Wales

Citing:

See Also – Kent v Dr Griffiths, Dr Roberts, London Ambulance Service CA 11-Dec-1998
Though there is no duty at large to help someone in need of urgent assistance, an ambulance service, by accepting a 999 call, may have accepted a duty to the caller. It remained open to argue as to whether it was fair just and reasonable to impose . .
Cited – Capital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler . .

Cited by:

See Also – Kent v Dr Griffiths, Dr Roberts, London Ambulance Service CA 11-Dec-1998
Though there is no duty at large to help someone in need of urgent assistance, an ambulance service, by accepting a 999 call, may have accepted a duty to the caller. It remained open to argue as to whether it was fair just and reasonable to impose . .
Appeal from – Kent v Griffiths and Others (No 2) CA 10-Feb-2000
An ambulance service could be liable in negligence in respect of its response to an emergency call-out where for no good reason there was an unreasonable delay in responding, and the servivice had accepted the call. The ambulance service was . .
Appeal from – Kent v Griffiths and others CA 3-Feb-2000
A doctor attended the home of a patient suffering from an asthma attack and called for an ambulance to take her immediately to hospital. The control replied ‘Okay doctor.’ After 13 minutes the ambulance had not arrived and the patient’s husband made . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Negligence

Updated: 15 August 2022; Ref: scu.136018

Association of The British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency: ECJ 11 Feb 2010

ECJ Opinion – Directive 2001/83/EC Article 94 Financial inducements to medical practices which prescribe certain medicinal products to their patients Public health authorities Doctors Freedom to prescribe.

Judges:

Jaaskinen AG

Citations:

C-62/09, [2010] EUECJ C-62/09

Links:

Bailii

Statutes:

Directive 2001/83/EC 94

Cited by:

See Also – Association of The British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency ECJ 22-Apr-2010
ECJ Free Movement Of Goods – Directive 2001/83/EC Article 94 Financial inducements to medical practices which prescribe certain medicinal products to their patients Public health authorities Doctors Freedom to . .
Lists of cited by and citing cases may be incomplete.

European, Health Professions

Updated: 14 August 2022; Ref: scu.401816

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 to live.
Held: ‘On the basis of the unanimous medical evidence in this case, the issue in all probability is not whether this baby should live or die but how and when she should die.’ . . ‘What is the role of the court in all this? Any civilised society must have the means by which intractable disputes, whether between the state and the citizen or between citizens themselves are to be resolved. That is the purpose of the courts and the system of civil and family justice in this country. This kind of dispute is to be resolved by a Judge of the Family Division and whilst the judge will be more aware than anyone of his own limitations in deciding as profound an issue as this, decision there simply has to be. It may well be that an external decision is in the end a better solution than the stark alternatives of medical or parental veto. ‘ and ‘The court starts with the fundamental principles of the sanctity of life, the best interests of Charlotte which govern choice and her inherent right to respect for her dignity. Her parents say that all these point in the direction of renewed aggressive treatment in the event of further deterioration. The medical advice is that she should then be allowed to die peacefully in her parents’ arms if that is the natural course and that she should be supplied with all necessary palliative care. There is this common ground: that as and when she comes to die she should do so peacefully with her parents. . . Given that death is the one experience (other than birth) that all humanity must share, no view of life that does not include a contemplation of the place of death, even in a child, can be complete. As a society we fight shy of pondering on death yet inherent in each of us is a deep desire both for oneself and for those we love for a ‘good’ death. It seems to me therefore that in any consideration of best interests in a person at risk of imminent death is that of securing a ‘good’ death. It would be absurd to try to describe that concept more fully beyond saying that everyone in this case knows what it means – not under anaesthetic, not in the course of painful and futile treatment, but peacefully in the arms of those who love her most.’ and ‘I have given this case my most anxious and closest attention. I am only too aware of my own limitations in making so momentous a decision. Yet in the end I have come to a clear view. Subject to two observations that I wish to make at the end of this judgment, I do not believe that any further aggressive treatment, even if necessary to prolong life, is in her best interests. I know that that may mean that she may die earlier than otherwise she might have done but in my judgment the moment of her death will only be slightly advanced. I have asked myself: what can now be done to benefit Charlotte? I can only offer three answers: first, that she can be given as much comfort and as little pain as possible; secondly, that she can be given as much time as possible to spend physically in the presence of and in contact with her parents; thirdly, that she can meet her end whenever that may be in what Mr Wyatt called the TLC of those who love her most. Although I believe and find that further invasive and aggressive treatment would be intolerable to Charlotte, I prefer to determine her best interests on the basis of finding what is the best that can be done for her.

Judges:

Hedley J

Citations:

[2004] EWHC 2247 (Fam), [2005] 1 FLR 21, [2004] Fam Law 866, (2005) 84 BMLR 206

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 . .
Cited – Regina (Burke) v General Medical Council Admn 30-Jul-2004
The applicant, suffering a life threatening disease, wanted to ensure his continued treatment and revival in the circumstance of losing his own capacity. He said the respondent’s guidelines for doctors were discriminatory and failed to protect his . .
Cited – In Re S (Adult Patient: Sterilisation) CA 26-May-2000
The court should decide what is in the best interests of a patient where she was unable to give consent herself. The test of whether what was proposed was within the range of what reasonable and competent medical practitioners might propose, got the . .
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 . .
Followed – Re A (Male Sterilisation) CA 2000
The court considered the duties of a doctor, asking whether a procedure should be undertaken for a patient without the capacity to consent: Dame Elizabeth Butler-Sloss said: ‘The doctor, acting to that required standard, has, in my view, a second . .
Cited – In Re J (A Minor) (Child in Care: Medical Treatment) CA 26-Aug-1992
. .
Cited – In Re A (Mental Patient: Sterilisation) CA 13-Jan-2000
The patient suffered from Down’s Syndrome. As his mother became unable to care for him, she sought his sterilisation to avoid his fathering, whilst in residential care, a child he could not care for.
Held: The application was refused. Where a . .

Cited by:

See Also – Wyatt v Portsmouth NHS Trust and Another FD 21-Apr-2005
Charlotte Wyatt had been born very premature and so severely disabled that her doctors sought and obtained an order that she should not be revived if she died. She had survived several months longer than expected and her parents had noticed . .
Approved – Re L (a child) (Medical Treatment: Benefit) FD 1-Nov-2004
(Date) . .
Cited – Wyatt and Another v Portsmouth Hospital NHS and Another CA 12-Oct-2005
The appellants’ daughter had been born with very severe disabilities. Her doctors obtained an order allowing them a discretion not to ventilate her to keep her alive if necessary. She had improved, but the family now sought leave to appeal an order . .
See Also – In re Wyatt FD 23-Feb-2006
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health Professions, Children

Updated: 08 August 2022; Ref: scu.216005

Llewellyn, Regina (on The Application of) v Cardiff and Vale University Health Board: Admn 19 Dec 2013

The claimant seeks a judicial review of the refusal by the defendant of her application for funding of treatment which she received in Germany

Judges:

Milwyn Jarman QC HHJ

Citations:

[2013] EWHC 4099 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Human Rights

Updated: 07 August 2022; Ref: scu.519990

YA, Regina (On the Application of) v Secretary Of State for Health: CA 30 Mar 2009

The applicant was a failed asylum seeker who sought judicial review of a decision of an NHS Trust not to provide him with free care. The court was asked for guidance as to whether a health trust had a discretion to provide free health care to a patient who was not ordinarily resident in the UK.
Held: An NHS trust did have a discretion to grant or withhold treatment for such patients. Services provided under the applicable health scheme should normally be provided free of charge. A failed asylum seeker could not ordinarily claim to be ‘ordinarily resident’. There remained a difference between lawful presence in the UK and lawful residence. Any free treatment was to be provided as an indulgence and not in satisfaction of a right. A hospital’s discretion to assist did not create a duty. The official guidance was however unlawful in that it did not correctly describe the duty to those who required urgent assistance, nor the extent of the discretion it had toward those requiring non-urgent assistance.
‘the statute in need of construction is the 2006 NHS Act. As set out at [8] above, the Secretary of State’s duty prescribed by section 1 is to continue the promotion in England of a comprehensive health service designed to secure improvement in the health ‘of the people of England’. Note that it is the people of England, not the people in England, which suggests that the beneficiaries of this free health service are to be those with some link to England so as to be part and parcel of the fabric of the place. It connotes a legitimate connection with the country. The exclusion from this free service of non-residents and the right conferred by section 175 to charge such persons as are not ordinarily resident reinforces this notion of segregation between them and us. This strongly suggests that, as a rule, the benefits were not intended by Parliament to be bestowed on those who ought not to be here.’

Judges:

Lord Justice Ward, Lord Justice Lloyd and Lord Justice Rimer

Citations:

[2009] EWCA Civ 225, Times 02-Apr-2009, (2009) 12 CCL Rep 213, [2010] 1 All ER 87, [2009] PTSR 1680, [2010] 1 WLR 279, [2009] LS Law Medical 282

Links:

Bailii

Statutes:

National Health Service (Charges to Overseas Visitors) Regulations (SI 1989 No 306)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Barnet London Borough Council, Ex parte Shah HL 16-Dec-1982
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the . .
Cited – Szoma v Secretary of State for the Department of Work and Pensions HL 28-Jul-2005
The applicant had claimed asylum on entry and was temporarily admitted. Though his claim for asylum was later refused, those admitted in this way were granted indefinite leave to remain. He had claimed and received benefits at first, but then these . .

Cited by:

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

Health Professions, Immigration

Updated: 07 August 2022; Ref: scu.326981

Nicklinson, Regina (on The Application of) v Ministry of Justice: Admn 16 Aug 2012

The claimants each suffered ‘locked in syndrome’ after catastrophic health events, and were unable to commit suicide as they would have wished. In one case, the claimant would have needed assistance to travel to a clinic in Switzerland where he could commit suicide, but the person accompanying and helping him would be at risk of being prosecuted under the 1961 Act.

Judges:

Toulson LJ, Royce, Macur JJ

Citations:

[2015] AC 657, [2012] EWHC 2381 (Admin), [2012] WLR(D) 248

Links:

Bailii, WLRD

Statutes:

Suicide Act 1961

Jurisdiction:

England and Wales

Citing:

See Also – Nicklinson v Ministry of Justice and Others QBD 12-Mar-2012
The claimant suffered locked-in syndrome and sought relief in a form which would allow others to assist him in committing suicide. The court considered whether the case should be allowed to proceed rather than to be struck out as hopeless.

Cited by:

Appeal from – Nicklinson and Another, Regina (on The Application of) v A Primary Care Trust CA 31-Jul-2013
The claimant had suffered a severe form of locked-in syndrome, and would wish to die. He sought a declaration that someone who assisted him in his siuicide would not be prosecuted for murder.
Held: The position in law that voluntary euthanasia . .
At Admin – 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 . .
At Admn – Nicklinson and Lamb v United Kingdom ECHR 16-Jul-2015
The applicants, suffering life threatening and severely disabling conditions, complained of laws which would allow the criminal prosecutions of those assisting them to end their lives. . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Health Professions, Legal Professions, Human Rights, Crime

Updated: 07 August 2022; Ref: scu.463650

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 of Appeal permitting the action.
Held: The appeal failed. The practitioners sought to act in accordance with medical practice, but until the practice was universally accepted, applications should continue to be made to the Family Division. The issues should be considered urgently by Parliament. Any justification for invasive treatment no longer existed, and the doctors were correct to seek to discontinue treatment. The patient could himself no longer choose. It would not be unlawful to cease to provide the treatment which it had previously been a duty to perform.
Lord Goff said: ‘I must however stress, at this point, that the law draws a crucial distinction between cases in which a doctor decides not to provide, or to continue to provide, for his patient treatment or care which could or might prolong his life, and those in which he decides, for example by administering a lethal drug, actively to bring his patient’s life to an end. As I have already indicated, the former may be lawful, either because the doctor is giving effect to his patient’s wishes by withholding treatment or care, or even in certain circumstances in which (on principles which I shall describe) the patient is incapacitated from stating whether or not he gives his consent. But it is not lawful for a doctor to administer a drug to his patient to bring about his death, even though that course is prompted by a humanitarian desire to end his suffering, however great that suffering may be: see Reg v Cox (unreported), 18 September 1992. So to act is to cross the Rubicon which runs between on the one hand the care of the living patient and on the other hand euthanasia – actively causing his death to avoid or to end his suffering. Euthanasia is not lawful at common law. It is of course well known that there are many responsible members of our society who believe that euthanasia should be made lawful; but that result could, I believe only be achieved by legislation which expresses the democratic will that so fundamental a change should be made in our law, and can, if enacted, ensure that such legalised killing can only be carried out subject to appropriate supervision and control. It is true that the drawing of this distinction may lead to a charge of hypocrisy; because it can be asked why, if the doctor, by discontinuing treatment, is entitled in consequence to let his patient die, it should not be lawful to put him out of his misery straight away, in a more humane manner, by lethal injection, rather than let him linger on in pain until he dies. But the law does not feel able to authorise euthanasia, even in circumstances such as these; for once euthanasia is recognised as lawful in these circumstances, it is difficult to see any logical basis for excluding it in others. ‘
Lord Goff also said: ‘the principle of self-determination requires that respect must be given to the wishes of the patient, so that if an adult patient of sound mind refuses, however unreasonably, to consent to treatment or care by which his life would or might be prolonged, the doctors responsible for his care must give effect to his wishes, even though they do not consider it to be in his best interests to do so.’
Lord Browne-Wilkinson said: ‘. . the correct answer to the present case depends upon the extent of the right to continue lawfully to invade the bodily integrity of Anthony Bland without his consent. If in the circumstances they have no right to continue artificial feeding, they cannot be in breach of any duty by ceasing to provide such feeding.’

Judges:

Lord Keith of Kinkel, Lord Goff of Chieveley, Lord Lowry, Lord Browne-Wilkinson and Lord Mustill

Citations:

[1993] AC 789, [1993] 2 WLR 316, [1993] UKHL 17, [1992] UKHL 5

Links:

lip, Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

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 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 – Finlayson v HM Advocate 1978
. .
Cited – Imperial Tobacco Ltd v Attorney-General HL 1980
The applicant sought a declaration as to the lawfulness of a lottery scheme whilst criminal proceedings were pending against it for the same scheme.
Held: It was not necessary to decide whether a declaration as to the criminality or otherwise . .
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 . .
Cited – Regina v Adams 8-Apr-1957
. .
Cited – Regina v Blaue CACD 1975
The accused stabbed a Jehovah’s witness who subsequently refused a blood transfusion and died.
Held: The rule that the accused took his victim as he found her applied not only to physical characteristics, but also to her beliefs. . .
Cited – Regina v Brown etc CACD 15-Apr-1992
The defendants appealed against their convictions for offences under the 1861 Act of assaults inflicting injury. They said that as sado-masochists, they had mutually consented to the assaults and that no offences had been commited, but pleaded gulty . .
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 – Regina v Malcherek and Steel CACD 1981
The defendants appealed against their convictions for murder. They had severely assaulted the victim who later in hospital had ventilator support withdrawn. They asserted that the proximate cause of the death was that act, not theirs.
Held: . .
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 – Rex v Gibbins and Proctor CCA 1918
Wretched parents were accused of murder after their children starved to death. The court was asked whether they should be tried together: ‘The rule is, that it is a matter for the discretion of the judge at the trial whether two people jointly . .
Cited – Royal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
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 – 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 . .
At CA – 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 . .
Cited – Regina v Arthur 5-Nov-1981
. .
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 by:

Cited – Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department HL 29-Nov-2001
The applicant was terminally ill, and entirely dependent upon her husband for care. She foresaw a time when she would wish to take her own life, but would not be able to do so without the active assistance of her husband. She sought a proleptic . .
Cited – Pretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
Cited – An NHS Trust v D (Medical Treatment: Consent: Termination) FD 28-Nov-2003
The defendant had been admitted to hospital under the 1983 Act and found to be pregnant. The doctors sought an order permitting an abortion. An order had been made, but the parties invited the court to say whether a court order was required at all. . .
Cited – An Hospital NHS Trust v S (By her Litigation Friend the Official Solicitor) And DG (S’s Father) and SG (S’s Mother) FD 6-Mar-2003
The hospital sought a declaration that it had no obligation to provide a kidney transplant to an eighteen year old youth who had had very severe disabilities since birth. It was argued that his mental condition meant that he would be unable to cope . .
Cited – Regina (Burke) v General Medical Council Admn 30-Jul-2004
The applicant, suffering a life threatening disease, wanted to ensure his continued treatment and revival in the circumstance of losing his own capacity. He said the respondent’s guidelines for doctors were discriminatory and failed to protect his . .
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – In Re Z (Local Authority: Duty) FD 3-Dec-2004
Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving.
Held: The . .
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – Burke, Regina (on the Application of) v General Medical Council and others (Official Solicitor and others intervening) CA 28-Jul-2005
The claimant suffered a congenital degenerative brain condition inevitably resulting in a future need to receive nutrition and hydration by artificial means. He was concerned that a decision might be taken by medical practitioners responsible for . .
Cited – Wyatt and Another v Portsmouth Hospital NHS and Another CA 12-Oct-2005
The appellants’ daughter had been born with very severe disabilities. Her doctors obtained an order allowing them a discretion not to ventilate her to keep her alive if necessary. She had improved, but the family now sought leave to appeal an order . .
Cited – Clarke v Fennoscandia Ltd and others (Scotland) HL 12-Dec-2007
After being awarded costs in proceedings in the US, the defendants chased the claimant for their costs in Scotland. He sought an interdict saying that the judgment had been obtained by fraud. The defendant had give an undertaking not to pursue the . .
Cited – Yearworth and others v North Bristol NHS Trust CA 4-Feb-2009
The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions and others CA 19-Feb-2009
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under . .
Cited – Nicklinson v Ministry of Justice and Others QBD 12-Mar-2012
The claimant suffered locked-in syndrome and sought relief in a form which would allow others to assist him in committing suicide. The court considered whether the case should be allowed to proceed rather than to be struck out as hopeless.
Cited – Oliver v Symons CA 15-Mar-2012
The parties disputed the extent of a right of way, the claimant appealing against the rejection of his claim for ‘swing space’ alongside the right of way.
Held: The appeal failed. Elias LJ said that the ‘argument for swing space fails. That is . .
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 . .
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 – 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 – 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 . .
Cited – An NHS Trust and Others v Y and Another SC 30-Jul-2018
The court was asked whether a court order must always be obtained before clinically assisted nutrition and hydration, which is keeping alive a person with a prolonged disorder of consciousness, can be withdrawn, or whether, in some circumstances, . .
Cited – Elgizouli v Secretary of State for The Home Department SC 25-Mar-2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The . .
Lists of cited by and citing cases may be incomplete.

Health, Health Professions, Administrative, Crime, Constitutional

Updated: 07 August 2022; Ref: scu.174705

Muscat v Health Professions Council: CA 21 Oct 2009

A radiographer had asked the court to reconsider its verdict in a disciplinary action. He was said to have caused two female patients (on different occasions) to remove their clothing for the purposes of carrying out a scan, when it was not required. He denied the incidents, accusing the two patients of lying. He also contended that their recollections were unreliable because of the effects on them of analgesia. Shortly before the hearing before Silber J, the Appellant sought to introduce new evidence, which included a report from a pharmacologist, who opined as to the probable or possible effects on the complainants of the drugs which they had been given shortly before the incidents in question.
Held: The appeal failed.
As to the admission of new evidence, Smith LJ said that in such a case: ‘if one took the view that this was ordinary litigation, there would be an overwhelming case against the admission of this evidence because there was absolutely no excuse for the failure to obtain the evidence for the hearing and, when the evidence was considered, it was not of great significance. However, Mr Edis submitted that this was not ordinary litigation. There was a real public interest in the outcome of the proceedings. It was important from the public perspective, that the correct decision was reached. It is not in the public interest that a qualified health professional, capable of giving good service to patients, should be struck off his professional register.
I would accept that that is a factor to be taken into account and, in so far as the judge did not mention it, his decision is, in my view, open to review. However, when weighing up the importance of this factor, it is necessary in my view to consider a factor which I mentioned earlier, namely the Committee’s power to review its own decision in relation to a strike off order if new evidence becomes available. This was not an issue which was raised before the judge. It was raised by this Court at the outset of the hearing, as it seemed to us that, if there was a power to review, that was the course which the Appellant should take to secure the admission of fresh evidence. However, as Ms Richards pointed out, the right of appeal co-exists with the right to seek a review and the Appellant had originally taken a number of points on the appeal which would not have been appropriate on review. Accordingly, given the range of issues which the Appellant had raised, she did not suggest that review rather than appeal would have been the appropriate course. However, now that the issue was narrowed to the admission of fresh evidence, she invited us to determine the appeal bearing in mind that there was an alternative course for the Appellant to take (review), even at this late stage.’

Judges:

Smith, Longmore, Maurice Kay LJJ

Citations:

[2009] EWCA Civ 1090

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .

Cited by:

Cited – TZ v General Medical Council Admn 17-Apr-2015
Appeal against decision of a Fitness to Practise Panel holding that the Appellant’s fitness to practise as a medical practitioner was impaired by reason of his misconduct. It directed that his name be erased from the Medical Register under section . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Litigation Practice

Updated: 04 August 2022; Ref: scu.376232

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.

Citations:

C-570/07, [2009] EUECJ C-570/07 – O, C-571/07, [2009] EUECJ C-571/07 – O

Links:

Bailii, Bailii

Cited by:

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

European, Health Professions

Updated: 04 August 2022; Ref: scu.375412

Yeong v General Medical Council: Admn 28 Jul 2009

The doctor complained of his suspension under fitness for practice rules. He had been found to have had a sexual relationship with a patient. He said that he should have been given opportunity to address the fault through remedial action.
Held: Remedial assistance may be of assistance on matters such as clinical errors of lack of competence, but this was a breach of a fundamental rule of professional practice where such remedial work was less valid.

Judges:

Sales J

Citations:

[2009] EWHC 1923 (Admin), Times 25-Aug-2009

Links:

Bailii

Statutes:

Medical Act 1983 35C(2)(e)

Jurisdiction:

England and Wales

Health Professions

Updated: 30 July 2022; Ref: scu.368627

N (A Child), Re; A v G (Family Proceedings: Disclosure): FD 8 Jul 2009

Application in respect of the proposed disclosure to the General Medical Council (GMC) of an expert report produced in the course of and for the purposes of proceedings in relation to a child.

Judges:

Munby J

Citations:

[2009] EWHC 1663 (Fam), [2009] 2 FLR 1152, (2009) 109 BMLR 106, [2009] Fam Law 1033

Links:

Bailii

Cited by:

See Also – In re N (A Child); A v G FD 17-Jul-2009
The unmarried parents fought bitterly over residence contact with the child. . .
See Also – In re N (A Child) FD 6-Aug-2009
. .
See also – Doctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
See Also – Doctor A and Others v Ward and Another FD 9-Feb-2010
. .
Cited – Re C (A Child) FC 29-Sep-2015
There had been care proceedings as to C. The mother was treated by a psychiatrist, X, and an associate Y. They also prepared expert reports. M formally complained about X, and the charges having been dismissed, the doctors now sought disclosure of . .
Lists of cited by and citing cases may be incomplete.

Children, Health Professions, Litigation Practice

Updated: 30 July 2022; Ref: scu.349068

Ellis v Kelly: 14 Nov 1860

K , who was legally qualified as a surgeon and apothecary, and registered as such under ‘The Medical Act’ was, before the time of passing of that Act’. possessed of a German medical diploma, and called himself Dr K He continued to use that description after the passing of the Act, though not registered as doctor of medicine, Held, no evidence that he had wilfully and falsely pretended to be, or taken or used the name and title of a doctor of medicine so as to render him liable to a penalty under the 40th section of that Act. On an appeal, under the 20:and 21 Vict c. 43, against the decision of justices dismissing the complaint, the appellant begins.

Citations:

[1860] EngR 1130, (1860) 6 H and N 222, (1860) 158 ER 92

Links:

Commonlii

Jurisdiction:

England and Wales

Health Professions

Updated: 30 July 2022; Ref: scu.285969