Category: Health Professions

G v Central and North West London Mental Health NHS Trust: QBD 19 Oct 2007

Claim for damages for personal injuries and financial losses alleged to have been suffered by the Claimant as a result of negligent medical care given to her by the Defendant during the course of her stay as an in-patient at the Northwick Park Hospital, Harrow, for which hospital the Defendant was responsible.

Judges:

Swift DBE J

Citations:

[2007] EWHC 3086 (QB), [2008] MHLR 24

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Health Professions

Updated: 12 July 2022; Ref: scu.402611

Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007

The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide.
Held: The status of a detained mental patient was more akin to that of a prisoner than of a patient because of the control exercised and her particular vulnerability, and a detained mental patient should have no less rights than a prisoner. To succeed there had to be shown knowledge of a real and immediate risk to her life. The claim was arguable and was re-instated.

Judges:

Sir Anthony Clarke MR, Waller LJ, Sedley LJ

Citations:

[2007] EWCA Civ 1375, Times 09-Jan-2008, [2008] 1 WLR 1667, [2008] LS Law Medical 66, [2007] Inquest LR 278, (2008) 100 BMLR 98, [2008] UKHRR 330, [2008] HRLR 15, (2008) 11 CCL Rep 65

Links:

Bailii

Statutes:

Mental Health Act 1983 3, Human Rights Act 1998 6 7 8, European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Appeal from – Savage v South Essex Partnership NHS Foundation Trust QBD 21-Dec-2006
The claimant’s daughter had died after walking out of a mental health ward and being knocked down. She sought damages alleging negligence and in infringement of her daughter’s right to life.
Held: Negligence amounting to a breach of the right . .

Cited by:

Cited – K v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
Appeal from – Savage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Negligence, Human Rights

Updated: 12 July 2022; Ref: scu.263410

MAB (Iraq) v The Secretary of State for The Home Department: CA 17 Jul 2019

The court was asked whether, on the findings made, it was open to the First Tier Tribunal to conclude that that the appellant doctor was excluded from protection by the Refugee Convention on the ground that the medical assistance he gave to victims of torture, knowing that some of them might be tortured again, meant that he was complicit in their torture and thus liable for a crime against humanity.

Judges:

Lord Justice Hamblen

Citations:

[2019] EWCA Civ 1253

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Health Professions

Updated: 12 July 2022; Ref: scu.639664

NHS Commissioning Board (Known as NHS England) v Vasant (T/A MK Vasant and Associates) and Others: CA 16 Jul 2019

Whether NHS England, as successor to Croydon PCT, is entitled to terminate contractual arrangements under which three dentists supply an Intermediate Minor Oral Surgery service to the NHS.

Citations:

[2019] EWCA Civ 1245

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Contract

Updated: 12 July 2022; Ref: scu.639665

Camden and Islington Mental Health and Social Care Trust v Atkinson: EAT 20 Aug 2007

EAT Unfair dismissal – Constructive dismissal
The Claimant, a long serving charge nurse accused of institutional abuse of patients, was suspended in breach of contract for she was not offered trade union representation at a suspension meeting. Suspension, and the refusal to lift it at an investigatory meeting, destroyed the relationship of trust and confidence without reasonable cause. The Claimant retired as a result of that treatment. The majority Employment Tribunal Judgment of constructive unfair dismissal was upheld.

Judges:

McMullen QC

Citations:

[2007] UKEAT 0058 – 07 – 2008

Links:

Bailii

Employment, Health Professions

Updated: 12 July 2022; Ref: scu.261528

Walker v Royal College of Veterinary Surgeons: PC 21 Nov 2007

The committee allowed the veterinary surgeon’s appeal for his removal from the register, substituting a six months’ suspension. The College opposed his request for his costs.
Held: The costs should be awarded.
Lord Mance said: ‘The Royal College takes three points in relation to this application. First, it submits that it conflicts with a principle to be derived from cases such as City of Bradford Metropolitan District Council v. Booth . . Gorlov v. Institute of Chartered Accountants . . and, most recently, Baxendale-Walker v. The Law Society . .
As to the first point, the Board, without commenting upon or going into the principle advanced, considers that it cannot bear on the present situation. The authorities relied on concern the different position of costs before disciplinary tribunals or before a court upon a first appeal against an administrative decision by a body such as a police or regulatory authority. In the present case, the Disciplinary Committee made no order for costs in respect of the proceedings before it (in which Dr Walker was represented by counsel), and no-one has challenged that.
The present appeal came before the Board under section 17 of the 1966 Act, subs. (2) of which provides that
‘The Council of the College may appear as respondent on any such appeal and, for the purpose of enabling directions to be given as to the costs of any such appeal, shall be deemed to be a party thereto whether they appeared on the hearing of the appeal or not.’
The Board has in practice made costs orders against the Royal College when an appeal succeeded . . and in the College’s favour in cases of unsuccessful appeals . . A similar position has applied with appeals from other similar disciplinary committees . . No order for costs was made in two cases where the appeal failed on liability, but succeeded on penalty . .
The Board sees no reason to depart from its previous practice. Here, there was no appeal on liability and it was at all times accepted and submitted on Dr Walker’s behalf that the appropriate disposal would have been and was suspension for a period such as that which the Board in the event advised should be imposed. The present appeal was at all times also fully and firmly opposed by the Royal College. If Dr Walker has lost, there would been good reason for a costs order against him. As he succeeded, a costs order in his favour seems to the Board in principle fair.’

Judges:

Lord Mance, Lord Neuberger of Abbotsbury, Lord Walker of Gestingthorpe

Citations:

[2007] UKPC 64

Links:

Bailii

Statutes:

Veterinary Surgeons Act 1966 1792)

Cited by:

Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Costs

Updated: 12 July 2022; Ref: scu.261491

BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 9 Nov 2007

The action group appealed against refusal of a judicial review of guidelines as to the employment of non-EU doctors, saying that they were in effect immigration rules and issuable only under the 1971 Act. The court had said that since the guidance did not apply to all health services it was principally an employment measure.
Held: The appeal succeeded. Sedley LJ said that the guidance directly and intentionally affected immigration law and practice by imposing on the possibility of employment in the public sector a restriction beyond those contained in the Rules. It made no difference that the guidance did not affect private hospitals: the partial nature of the restriction emphasised that the state was using its power as a policy-maker, not an employer. Maurice Kay LJ said that the purpose of the guidance was to regulate the conditions attaching to the immigration status of an identified group.

Judges:

Sedley LJ, Maurice Kay LJ, Rimer LJ

Citations:

[2007] EWCA Civ 1139, [2008] ACD 7

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another QBD 9-Feb-2007
The claimants said that changes to the Highy Skilled Migrant Programme were unfairly introduced, that they had effectively barred non-EU doctors from applying for first tier doctor appointments, and that the guidance could properly be derived only . .
Cited – Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council HL 12-Dec-1985
The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority.
Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political . .

Cited by:

Appeal from – BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another HL 30-Apr-2008
The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006.
Held: The secretary of state’s . .
Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Cited – London Borough of Hillingdon and Others, Regina (on the Application of) v The Lord Chancellor and others Admn 6-Nov-2008
The claimant challenged the substantial increase in court fees in public law children cases in the Fees Orders. The respondent said that the orders were intended to reflect the true costs of such proceedings and that funding had been provided to . .
Cited – Bank Mellat v HM Treasury QBD 11-Jun-2010
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of . .
Cited – Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Jul-2010
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Immigration

Updated: 12 July 2022; Ref: scu.261310

Quintavalle, Regina (on the Application of) v Human Fertilisation and Embryology Authority: Admn 20 Dec 2002

‘The issue is whether the Human Fertilisation and Embryology (HFEA) has the power to permit tissue-typing in conjunction with pre-implantation genetic diagnosis or PGD. This technique involves three stages: (1) an in vitro embryo is permitted to develop to the 6-8 cell stage which occurs three days after fertilisation; (2) one or two cells are removed from it by the process of embryo biopsy; (3) genetic material from the extracted cells is then taken and analysed. ‘

Judges:

Maurice Kay J

Citations:

[2002] EWHC 3000 (Admin), (2003) 70 BMLR 236, [2003] 2 All ER 105, [2003] 1 FCR 664

Links:

Bailii

Statutes:

Human Fertilisation and Embryology Act 1990

Jurisdiction:

England and Wales

Health Professions

Updated: 11 July 2022; Ref: scu.258664

Chaudhary v Secretary of State for Health: CA 27 Jul 2007

The court was asked whether there was indirect racial discrimination against the claimant who was a member of the BMA of Asian origin and who, in common with all other members, was entitled to advice and assistance except for the purpose of supporting claims of racial discrimination.
Held: The finding that there was such a requirement or condition was perverse and the court overturned the decision that the requirement or condition constituted indirect racial discrimination.

Judges:

Mummery LJ, Smith LJ, Maurice Kay LJ

Citations:

[2007] EWCA Civ 789

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – British Medical Association v Chaudhary CA 27-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Discrimination, Health Professions

Updated: 11 July 2022; Ref: scu.258423

Pain v Secretary of State: CST 1 Jun 2007

Appeal under Section 86 (1) of the Care Standards Act 2000 against her inclusion on the list kept by the Secretary of State under Section 81 of the Care Standards Act 2000 of individuals who are considered unsuitable to work with vulnerable adults, the ‘POVA’ list.

Citations:

[2006] EWCST 636(PVA)

Links:

Bailii

Statutes:

Care Standards Act 2000 81 86(1)

Health Professions

Updated: 11 July 2022; Ref: scu.253315

Korashi, Regina (on the Application of) v Swansea NHS Trust: CA 27 Apr 2007

The claimant sought the names of people treated by a doctor with a view to advising them of the possibility of suing him for negligence, and now sought permission to appeal refusal of judicial review of the decision to refuse the names to him.
Held: The issues had already been investigated and no breach of good medical practice found. Leave refused.

Judges:

Keens LJ, Jacob LJ

Citations:

[2007] EWCA Civ 450

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Korashi v Swansea NHS Trust EAT 5-Jul-2005
EAT Practice and Procedure – Bias, misconduct and procedural irregularity – Having conducted a hearing on live evidence pursuant to Facey v Midas, no bias or apparent bias by the Chairman was proved. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 11 July 2022; Ref: scu.252452

General Medical Council v Hiew: Admn 20 Apr 2007

Application for extension of interim suspension order, now as restriction subject to conditions.

Judges:

Collins J

Citations:

[2007] EWHC 1078 (Admin)

Links:

Bailii

Citing:

See also – General Medical Council v Hiew Admn 17-Oct-2006
. .

Cited by:

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

Health Professions

Updated: 11 July 2022; Ref: scu.252397

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

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

Judges:

Lord Dyson MR, Longmore, Ryder LJJ

Citations:

[2014] EWCA Civ 822, [2015] 1 QB 543, [2014] WLR(D) 277, (2014) 138 BMLR 1, [2014] 3 WLR 1054, [2014] Med LR 273

Links:

Bailii, WLRD

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Health Professions

Updated: 11 July 2022; Ref: scu.526740

Johnson v The Medical Defence Union: CA 28 Mar 2007

The claimant asserted that the 1998 Act created rights between the parties that are in substance though not in form of a contractual nature; and rights to compensation for infringement of those primary rights of a nature that did not previously exist in English domestic law. He said that when the defendant had proceesed information it held about him leading to a decision to cease to provide continuing professional support for him, they had processed that computer based information unfairly.
Held: Damage under section 13(1) of the 1998 Act means ordinary pecuniary loss.

Judges:

Buxton, Arden, Longmore LJJ

Citations:

[2007] EWCA Civ 262, (2007) 96 BMLR 99, [2008] Bus LR 503, [2007] 3 CMLR 9

Links:

Bailii

Statutes:

Data Protection Act 1998 13(1)

Jurisdiction:

England and Wales

Citing:

See Also – Johnson v Medical Defence Union Ltd ChD 20-Feb-2004
. .
See Also – Johnson v Medical Defence Union Ltd ChD 9-Nov-2004
The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. He had been refused access under the 1998 Act, and now sought access under the Civil Procedure Rules.
Appeal from – Johnson v The Medical Defence Union Ltd ChD 3-Mar-2006
The claimant sought disclosure under the 1998 Act by the defendant of records held by them. The respondent said that the information they held did not amount to data under the Act.
Held: The information was contained in different formats, on . .

Cited by:

Cited – Murray v Express Newspapers Plc and Another ChD 7-Aug-2007
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence.
Held: The . .
Cited – Google Inc v Vidal-Hall and Others CA 27-Mar-2015
Damages for breach of Data Protection
The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Information, Damages

Updated: 10 July 2022; Ref: scu.250580

Mezey v Southwest London and St George’s Mental Health NHS Trust: QBD 9 Jan 2007

Judges:

Underhill J

Citations:

[2007] EWHC 62 (QB)

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
. .

Cited by:

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

Health Professions

Updated: 09 July 2022; Ref: scu.266623

BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: Admn 9 Feb 2007

Judges:

Burnton J

Citations:

[2007] EWHC 199 (Admin)

Links:

Bailii

Cited by:

See Also – BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another QBD 9-Feb-2007
The claimants said that changes to the Highy Skilled Migrant Programme were unfairly introduced, that they had effectively barred non-EU doctors from applying for first tier doctor appointments, and that the guidance could properly be derived only . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Immigration

Updated: 09 July 2022; Ref: scu.248834

Fatnani and Another v General Medical Council: CA 15 Jan 2007

Two doctors appealed against the erasure of their names from the register by the Fitness to practice panel.

Judges:

Chadwick, Las LJJ, Sir Peter Gibson

Citations:

[2007] EWCA Civ 46

Links:

Bailii

Statutes:

Medical Act 1983 40

Jurisdiction:

England and Wales

Citing:

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 – Raschid v General Medical Council Admn 30-Mar-2006
. .

Cited by:

Cited – Luthra v General Medical Council Admn 18-Feb-2013
The doctor said that the erasure of his name from the register was disproportionate. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 09 July 2022; Ref: scu.248342

London Borough of Brent v C: FD 28 Apr 2016

‘This case raises issues both as to the end-of-life treatment of a very ill child, and as to alleged breaches of rights under the European Convention on Human Rights, in relation to which damages were claimed. ‘

Judges:

Holman J

Citations:

[2016] EWHC 1335 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Human Rights, Health Professions

Updated: 09 July 2022; Ref: scu.565529

Regina v The Joint Committee on Surgical Training ex parte Milner: Admn 4 May 1994

The court rejected the applicant’s complaint about the non-disclosure of his tutors’ reports upon his surgical abilities on the footing that he ‘has not demonstrated that the evidence on which the [advisory committee] relied is amenable to any significant challenge or any challenge which would have made any difference to the outcome.’ The undisclosed reports contained essentially expressions of opinion rather than disputed matters of fact; the applicant ‘might have vigorously dissented from them, but could not in any sensible way have corrected them.’ Effective and fair consultation does not require the disclosure of information of a kind that is not ‘amenable to any significant challenge or any challenge that would have made any difference to the outcome’

Judges:

Ognall J

Citations:

[1994] 7 Admin LR 754

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Carroll and Al-Hasan and Secretary of State for Home Department Admn 16-Feb-2001
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Natural Justice

Updated: 08 July 2022; Ref: scu.211436

Manchester Universtity NHS Foundation Trust v DE: CoP 19 Apr 2019

Application b for a declaration that DE lacks capacity to conduct proceedings, and to consent to treatment on her left leg, and that it is lawful and in DE’s best interests for her to be given blood products if it becomes clinically necessary during an operation on her left leg.

Citations:

[2019] EWCOP 19

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Agency

Updated: 08 July 2022; Ref: scu.638765

Smith v North East Derbyshire Primary Care Trust: CA 23 Aug 2006

The cliamant had challenged a decision by the respondent on the method of provision of general practioner medical services in her village. She said that the procedure had been flawed in that the consultation had been inadequate.
Held: Her appeal succeeded. May LJ, summarising the authorities as to whether a procedural unfairness was significant, said: ‘Probability is not enough. The defendant would have to show that the decision would inevitably have been the same and the court must not unconsciously stray from its proper province of reviewing the propriety of the decision-making process into the forbidden territory of evaluating the substantial merits of the decision.’

Judges:

May, Keene LJJ

Citations:

[2006] EWCA Civ 1291, [2006] 1 WLR 3315

Links:

Bailii

Statutes:

Health and Social Care Act 2001 11(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Smith v North East Derbyshire Primary Care Trust and Another Admn 15-Jun-2006
The claimant sought to challenge the respondent’s decision to appoint a company based in the US to provide general practitioner medical services to two local villages. . .

Cited by:

Cited – Shoesmith, Regina (on The Application of) v OFSTED and Others CA 27-May-2011
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She . .
Cited – Save Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts Admn 7-Mar-2013
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
Cited – MR, Regina (on The Application of) v The Secretary of State for The Home Department Admn 10-Mar-2017
The claimant challenged the use of the Royal Prerogative to withdraw his passport. He had as a youth been involved with a terrorist organisation, but said that he now regretted that and was no longer so involved. He had sought to set up a business, . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Natural Justice

Updated: 07 July 2022; Ref: scu.245342

Regina (SS) v Knowsley NHS Primary Care Trust; Regina (Ghosh) v Northumberland NHS Care Trust: Admn 19 Feb 2006

The doctors complained of their removal from the respondents’ ‘performers lists’.
Held: A primary care trust when holding such an oral hearing had to allow doctor to have legal advocay. Though no such right was granted by the regulations nor was it excluded. Where there were disputed issues of fact, a doctor ought to have opportunity to test any evidence against him face to face and by cross examination.

Citations:

[2006] EWHC 26(Admin), Times 02-Feb-2006

Jurisdiction:

England and Wales

Cited by:

Cited – Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 07 July 2022; Ref: scu.238875

Macleod v The Royal College of Veterinary Surgeons (the Disciplinary Committee of the Rcvs): PC 24 Jul 2006

Held: The brevity of the disciplinary committee’s consideration of the issues relating to sanction, as contained in its determination, permitted the court to examine afresh the appropriateness of the penalty imposed.

Citations:

[2006] UKPC 39

Links:

Bailii

Cited by:

Cited – Hazelhurst and Others v Solicitors Regulation Authority Admn 11-Mar-2011
The claimants appealed against disciplinary orders. A member of staff had stolen substantial sums from client account. They had admitted breaches of the Accounts and Practice rules, but personally made good all losses. They said that the Solicitors . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 07 July 2022; Ref: scu.243388

Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006

The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC.
Held: There had been very poor administration of the issue of the letter, but the failures did not assist the claimant. The core submission was that the charge having been dismissed by the committee, it was unlawful to issue the letter on the same basis: ‘the more serious a public authority’s interference with an individual’s interests, the more substantial will be the justification which the court will require if the interference is to be permitted. ‘ There was in this case a pressing need to inform the employer that 6 women had separately made accusations against the doctor, even though no convictions had followed.

Judges:

Ward LJ, Laws LJ, Longmore LJ

Citations:

Times 28-Aug-2006, [2006] EWCA Civ 989

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – Regina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
Appeal from – Dr D v The Secretary of State for Health Admn 13-Dec-2005
There had been a series of unsubstantiated allegations against the doctor of sexual abuse of patients. He challenge the issue of an Alert Letter under the 1977 Act when further allegations were made. The complainants were not capable of giving . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure) CA 8-Oct-1998
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was . .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – Regina v Local Authority and Police Authority in the Midlands ex parte LM 2000
The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an . .
Cited – Hammern v Norway ECHR 11-Feb-2003
The claimant was acquitted by a jury at trial and he then sought compensation for the period of his detention on remand. The test applied was whether ‘it is shown to be probable that he did not perform the act that formed the basis for the charge’. . .
Cited – Regina v Z (Prior acquittal) HL 22-Jun-2000
The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of . .
Cited – PG and JH v The United Kingdom ECHR 25-Sep-2001
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to . .
Cited – Regina (A) v Chief Constable of C QBD 2001
The court considered the disclosure of unproved allegations as between police forces. Police authorities had disclosed information concerning the claimant to each other and in one case to a local authority. The information related to allegations of . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights, Administrative

Updated: 07 July 2022; Ref: scu.243321

Whitehouse v North Bristol NHS Trust: EAT 10 Jul 2006

EAT This case concerns the construction of certain terms and conditions of employment of Junior Hospital Doctors, in particular with regard to pay protection. I was told that the case is of general importance to many Doctors and Health Authorities. I was told that varying constructions have been placed on the relevant conditions by different Health Authorities.

Judges:

Serota QC J

Citations:

[2006] UKEAT 0133 – 06 – 1007

Links:

Bailii

Employment, Health Professions

Updated: 07 July 2022; Ref: scu.243224

Smith v North East Derbyshire Primary Care Trust and Another: Admn 15 Jun 2006

The claimant sought to challenge the respondent’s decision to appoint a company based in the US to provide general practitioner medical services to two local villages.

Judges:

Collins J

Citations:

[2006] EWHC 1338 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Smith v North East Derbyshire Primary Care Trust CA 23-Aug-2006
The cliamant had challenged a decision by the respondent on the method of provision of general practioner medical services in her village. She said that the procedure had been flawed in that the consultation had been inadequate.
Held: Her . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Natural Justice

Updated: 06 July 2022; Ref: scu.242560

Fox v General Medical Council: PC 1960

The appeal by a doctor from the disciplinary committee of the GMC to the board of the Privy Council lies of right by the statute and the terms of statute do not limit or qualify the appeal in any way, so that the appellant is entitled to claim that it is in a general sense nothing less than a re-hearing of his case and a review of the decision. Beyond a bare statement of its findings of fact, the Disciplinary Committee does not in general give reasons for its decision as in the case of a trial in the High Court by judge alone from which an appeal by way of re-hearing lies to the Court of Appeal.
The role of such a legal assessor to the committee is restricted to advising on questions of law, and he plays no part in the decision-making process. Lord Radcliffe said: ‘There is no judge to conduct the proceedings, to direct the jury on matters of law or to sum up for them on issues of fact. Although the Disciplinary Committee has the assistance of a legal assessor at its hearing, as required by the Act, it is the President of the court and not he who is in charge of the proceedings, and his duties are confined to advising on questions of law referred to him, and to interventions for the purpose either of informing the committee of any irregularity in the conduct of their proceedings which comes to his knowledge, or of advising them when it appears to him that, but for such advice, there is a possibility of a mistake of law being made.’

Judges:

Lord Radcliffe

Citations:

[1960] 3 All ER 225, [1960] UKPC 21, [1960] 1 WLR 1017

Links:

Bailii

Statutes:

Medical Act 1956

Cited by:

Cited – Libman v The General Medical Council PC 20-Oct-1971
PC (General Medical Council) The appellant a consultant physician appealed against a finding of serious professional misconduct. He had had sexual relations with a patient, and offered to pay a sum for her . .
Cited – Sivarajah v General Medical Council PC 1964
The board considered the duty of the legal advisor to the disciplinary committee of the General Medical Council: ‘The legal assessor is, however, in no sense in the position of a judge summing up to a jury, nor is the committee’s function analogous . .
Cited – Nwabueze v General Medical Council PC 6-Apr-2000
Deliberations of the professional conduct committee hearing a case of professional conduct were in the presence of an assessor who gave advice to the committee. After returning from deliberation the assessor described the advice given, and the . .
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.

Health Professions

Updated: 06 July 2022; Ref: scu.242400

Karni v Sweden: ECHR 8 Mar 1988

(Commission) The applicant was a doctor who, on his return to Sweden, was entered on the list of those affiliated to the Social Security System which meant he could carry on a private medical practice and receive payment for treatment provided to those who might otherwise not be able to pay. New rules meant that he was removed from the list and so the investments he had made in equipment were lost and his practice closed down. The Commission decided that the loss of his affiliation did not amount to deprivation of a possession since he would, at least in theory, continue to practise with patients who would pay. But the Commission considered that ‘the vested interests in the applicant’s medical practice may be regarded as ‘possessions’ within the meaning of Article 1PI’. It said: ‘The question of affiliation to the Social Insurance system was a decisive element for the running of the practice.’

Citations:

11540/88, (1988) 55 DR 157

Links:

Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
Cited – Murungaru v Secretary of State for the Home Department and others CA 12-Sep-2008
The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health Professions

Updated: 06 July 2022; Ref: scu.242446

Raschid v General Medical Council: Admn 30 Mar 2006

Judges:

Collins J

Citations:

[2006] EWHC 886 (Admin)

Links:

Bailii

Citing:

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 by:

Cited – Fatnani and Another v General Medical Council CA 15-Jan-2007
Two doctors appealed against the erasure of their names from the register by the Fitness to practice panel. . .
Cited – Luthra v General Medical Council Admn 18-Feb-2013
The doctor said that the erasure of his name from the register was disproportionate. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 06 July 2022; Ref: scu.241732

Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health: Admn 17 Mar 2006

The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: ‘there were serious flaws at the hearing of 16 March which in my judgment rendered it unfair and so unlawful. The presenting officer was not content to rely on the matters of which notice had been given but proceeded to refer to a number of other matters against the claimant none of which had been put to him. This was a breach of regulation 13(11). ‘ Inclusion in the list is a possession within Article 1PI. If the suspension had been properly and lawfully imposed, the interference in the right of peaceful enjoyment would have been proportionate and so justified. But the suspension was unlawful.

Judges:

Collins J

Citations:

Times 26-May-2006, [2006] EWHC 487 (Admin)

Links:

Bailii

Citing:

Cited – Regina (SS) v Knowsley NHS Primary Care Trust; Regina (Ghosh) v Northumberland NHS Care Trust Admn 19-Feb-2006
The doctors complained of their removal from the respondents’ ‘performers lists’.
Held: A primary care trust when holding such an oral hearing had to allow doctor to have legal advocay. Though no such right was granted by the regulations nor . .
Cited – Fonseca Carreira v Portugal ECHR 14-Jun-2001
‘The Court notes that the Convention institutions have consistently taken the view that Article 6.1 does not apply to proceedings for interim relief. The purpose of such proceedings is to deal with a temporary state of affairs pending the outcome of . .
Cited – 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 . .
Cited – Choudhary v General Medical Council PC 2001
The Board heard an appeal against a final order of suspension for 12 months. It considered Madan’s case.
Held: The Board wished to reserve their opinion on the reasoning in the judgments that it was the application of Article 6 which required . .
Cited – Markass Car Hire Ltd v Cyprus ECHR 2-Jul-2002
The complaint was as to the length of the proceedings to set aside an ex parte interim order. The order was obtained on 31 March 1998 and under it the applicant was required to hand over to the plaintiff cars worth over andpound;Cyprus 500,000. It . .
Cited – Madan v General Medical Council Admn 2001
There had been an interim suspension by the Interim Orders Committee of the GMC. Counsel for the GMC conceded the application of Article 6.
Held: Newman J: ‘For myself, I regard it as highly likely that the interim suspension hearings engage . .
Cited – Van Marle And Others v The Netherlands ECHR 26-Jun-1986
The applicants were accountants who had practised as such for some years when a new statute came into force which required then to register. Their applications were refused.
Held: Article 1PI was engaged. In paragraphs 41 and 42 the Court said . .
Cited – Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
Cited – Karni v Sweden ECHR 8-Mar-1988
(Commission) The applicant was a doctor who, on his return to Sweden, was entered on the list of those affiliated to the Social Security System which meant he could carry on a private medical practice and receive payment for treatment provided to . .
Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
Cited – Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs Admn 22-Jul-2003
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages.
Held: English law does not generally provide a remedy . .
Cited – Crompton T/A David Crompton Haulage v Department of Transport North Western Area CA 31-Jan-2003
The claimant challenged the revocation of his operator’s licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour.
Held: The operator’s licence is a . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights

Updated: 05 July 2022; Ref: scu.239188

Meadow v General Medical Council: Admn 17 Feb 2006

The appellant challenged being struck off the medical register. He had given expert evidence in a criminal case which was found misleading and to have contributed to a wrongful conviction for murder.
Held: The evidence though mistaken was given in good faith and the penalty was disproportionate and was set aside. The evidence which had been given was privileged, and he was not to suffer a penalty having given it: ‘the possibility of disciplinary proceedings based on a complaint by someone affected by the evidence given has a serious deterrent effect. It is in those circumstances difficult to follow why the public policy based on the need to protect the administration of justice should not prevent disciplinary proceedings. They can result in penalties which are more serious than an award of damages . .’ The conclusion that he had acted in good faith and that there was no evidence of calculated or wilful failure to use his best endeavours to provide evidence precluded a finding of serious professional misconduct.

Judges:

Collins J

Citations:

[2006] EWHC 146 (Admin), Times 22-Feb-2006, [2006] 1 WLR 1452, (2006) 89 BMLR 143, [2006] Lloyds Rep Med 233, [2006] 1 FLR 1161, [2006] 2 All ER 329, [2006] 2 FCR 777, [2006] ACD 43

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Evans v London Hospital Medical College and Others 1981
The defendants employed by the first defendant carried out a post mortem on the plaintiff’s infant son. They found concentrations of morphine and told the police. The plaintiff was charged with the murder of her son. After further investigation no . .
Cited – Rex v Skinner 1772
Lord Mansfield said: ‘Neither party, witness, counsel jury or judge can be put to answer, orally or criminally, for words spoken in office.’ Where words are spoken which are opprobrious or irrelevant to the case, the court will take notice of them . .
Cited – Watson v M’Ewan HL 1905
A claim was brought against a medical witness in respect of statements made in preparation of a witness statement and similar statements subsequently made in court. The appellant was a doctor of medicine who had been retained by the respondent in . .
Cited – Darker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
Cited – Rees v Sinclair 1974
(New Zealand Court of Appeal) The court discussed the indemnity given to witnesses: ‘But I cannot narrow the protection to what is done in court: it must be wider than that and include some pre-trial work. Each piece of before-trial work should, . .
Cited – Hussein v William Hill Group 2004
. .
Cited – Marrinan v Vibart CA 2-Jan-1962
Two police officers gave evidence in a criminal prosecution of others, that the plaintiff, a barrister, had behaved improperly by obstructing a police officer in the execution of his duty and subsequently gave similar evidence at an inquiry before . .
Cited – Roy v Prior HL 1970
The court considered an alleged tort of maliciously procuring an arrest. The plaintiff had been arrested under a bench warrant issued as a result of evidence given by the defendant. He sued the defendant for damages for malicious arrest.
Held: . .
Cited – Whitehouse v Jordan HL 17-Dec-1980
The plaintiff sued for brain damage suffered at birth by use of forceps at the alleged professional negligence of his doctor. The Court of Appeal had reversed the judge’s finding in his favour.
Held: In this case most of the evidence at issue . .
Cited – Roylance v The General Medical Council (No 2) PC 24-Mar-1999
(Medical Act 1983) Dr Roylance was the chief executive of a hospital in which there had been excessive mortality rates of children who underwent cardiac surgery and had failed to take steps to deal with the problem.
Held: A doctor who carried . .
Cited – Stanton and Another v Callaghan and Others CA 8-Jul-1998
The defendant, a structural engineer, was retained by the plaintiffs in a claim against insurers for the costs of remedying subsidence of the plaintiffs’ house. He advised total underpinning for pounds 77,000, but later while preparing a joint . .
Cited – Polivite Ltd v Commercial Union Assurance Co Plc 1987
An expert must act giving ‘independent assistance to the Court by way of objective unbiased opinion in relation to matters within his expertise.’ . .
Cited – In Re J 1990
An expert witness should state the facts or assumption upon which his opinion is based. He should not omit to consider material facts which could detract from his concluded opinion. An expert witness should provide independent assistance to the . .
Cited – Regina v Doheny, Adams CACD 31-Jul-1996
The court set out the procedure for the introduction of DNA evidence in criminal trials. In particular the court explained the ‘Prosecutor’s Fallacy’ when using statistical evidence. The significance of the DNA evidence will depend critically upon . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’) 1993
Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following:

1. Expert evidence presented to the Court should be, and should be seen to be, the . .
Cited – Derby and Co Ltd v Weldon (Nos 3 and 4) CA 1990
The plaintiff had obtained an asset freezing order against a defendant Panamanian Company, which now appealed saying that it was inappropriate to make such an order where the company had no assets in the jurisdiction.
Held: The appeal failed. . .

Cited by:

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

Health Professions

Updated: 05 July 2022; Ref: scu.238561

Everett v Griffiths: CA 1920

The plaintiff, who had been detained as a lunatic as the result of the decision of Griffiths, a Justice of the Peace and Chairman of the Board of Guardians in reliance on a medical certificate signed by Anklesaria, a Doctor, sued them both in negligence.
Held: A workhouse doctor owed a duty of care to a person whom he certified to be insane.

Judges:

Bankes LJ and Atkin LJ

Citations:

[1920] 3 KB 163, 89 LJKB 929, 123 LT 280, 84 JP 161

Jurisdiction:

England and Wales

Cited by:

Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Appeal from – Everett v Griffiths HL 1921
The plaintiff had been committed to a mental hospital. The question was whether the doctor (Anklesaria) who signed the certificate to support his committal was liable to him in negligence.
Held: The House affirmed the judgment of the Court of . .
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Health Professions

Updated: 05 July 2022; Ref: scu.216357

Nicholas Cavanagh Raymond Bhatt Frank Redmond v The Health Service Commissioner: CA 15 Dec 2005

A parent had complained about the closure of a hospital unit which led to his daughter not receiving treatment. The Commissioner in her report commented adversely on the doctors involved. Both doctors and the parent sought judicial review of the report.
Held: The appeal succeeded, and a review was granted. The Commissioner’s functions were limited to answering complaints she received. She did not have a power of her own to investigate other matters: ‘If in the course of a lawful investigation matters come to the Commissioner’s notice which may affect the health and safety of patients, she has an express power, which in clear cases will become a duty, to report what she has learned to an appropriate authority, whether it be the police, social services or one of the professional disciplinary bodies. But the existence of this important power does not enlarge the Commissioner’s remit so as to entitle her to investigate matters which would otherwise lie beyond it. It is designed to enable her, without breaking her duties of confidence, to alert the appropriate authorities to things which she encounters within her remit. ‘

Judges:

Lord Justice Latham Lord Justice Sedley Lord Justice Wall

Citations:

[2005] EWCA Civ 1578, Times 13-Jan-2006

Links:

Bailii

Statutes:

Health Service Commissioners Act 1993, Health Service Commissioners (Amendment) Act 1996

Jurisdiction:

England and Wales

Citing:

Appeal from – Cavanagh, Bhatt, Redmond v The Health Service Commissione Admn 2004
Mr Redmond had complained to the Health Sevices Comissioner about the treatment of his daughter at a hospital. She had been referred for specialist treatment, but the unit had been closed down, and she was left untreated. The Commissioner had . .
Cited – Regina v Parliamentary Commissioner for Administration ex parte Dyer QBD 19-Oct-1993
Parliamentary Commissioners decisions are reviewable, but range of the discretion given to him by the Act is very wide, and his decisions will only rarely be susceptible to review. He is answerable to Parliament. . .
Cited – Regina v Parliamentary Commissioner for Administration ex parte Balchin Admn 25-Oct-1996
The petitioners complained that the Secretary of State for Transport was guilty of maladministration in confirming Road Orders without seeking an assurance from Norfolk County Council that the Balchins would be given adequate compensation for the . .
Cited – 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, Health Professions, Administrative

Updated: 04 July 2022; Ref: scu.237440

Goodwill v British Pregnancy Advisory Service: CA 19 Jan 1996

The doctor executed a vasectomy, and advised the plaintiff that he need no longer take contraceptive precautions.
Held: No duty fell on a doctor to advise on the possibility of the failure of a vasectomy toward possible future sexual partners of the subject of the operation. The law could not extend a duty to a possible future partner. That was a tenuous relationship.

Citations:

Independent 19-Jan-1996, Gazette 07-Feb-1996, Times 29-Jan-1996, [1996] 2 All ER 161, [1996] 1 WLR 1397

Jurisdiction:

England and Wales

Cited by:

Cited – West Bromwich Albion Football Club Ltd v El-Safty QBD 14-Dec-2005
The claimant sought damages from the defendant surgeon alleging negligent care of a footballer. The defendant argued that he had no duty to the club as employer of his patient who was being treated through his BUPA membership. It would have created . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Health Professions

Updated: 04 July 2022; Ref: scu.80916