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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Health Professions - From: 1993 To: 1993

This page lists 13 cases, and was prepared on 27 May 2018.

 
McAllister v General Medical Council Gazette, 03 February 1993; [1993] AC 388
3 Feb 1993
PC

Health Professions, Scotland
English law had been correctly applied in GMC disciplinary proceedings even though they were heard in Scotland.
1 Citers



 
 Airedale NHS Trust v Bland; HL 4-Feb-1993 - [1993] AC 789; [1993] 2 WLR 316; [1993] UKHL 17; [1992] UKHL 5
 
Regina v The Professional Conduct Committee of the United Kingdom Central Council ex parte Wood and Thompson Unreported, 19 February 1993
19 Feb 1993
Admn
Buckley J, Staughton LJ
Health Professions
The applicant sought to appeal against findings of professional misconduct as a nurse. Held. Buckley J set out what was meant by a rehearing within the rules governing the Council's disciplinary procedures: “Rehearing is to be understood as it is under Order 59 which governs appeals to the Court of Appeal when exercising its civil jurisdiction. On such appeals the Court is always conscious that it has not seen or heard the witnesses and particularly so in cases which turn to any significant extent on their credibility. We were referred to the unreported case of Slater v.UKCC 16 May 1988, which confirmed that in appeals from disciplinary tribunals of professional bodies, a further consideration arises, namely, as the members of such tribunals will be chosen for their knowledge and experience, in particular, of the rules and practices of their profession, they will be singularly well placed to judge matters, where such knowledge and experience is an advantageous. Thus, their decisions are not to be interfered with lightly.
It is for that reason that one finds various expressions in the cases, ... such as ‘this court is loathe to interfere with those decisions unless it is clear that the decision which was come to was a wrong one’ or that it will only do so if the decision was ‘plainly wrong’. These expressions indicate, in my judgment, that in carrying out its appellate duty, the court will bear in mind the advantages enjoyed by the tribunal. They do not absolve the court from its duty of enquiry.”
Staughton LJ said: “The appellate court must give full weight to the fact that, unlike the tribunal from which the appeal comes, it has not seen and heard the witnesses. But having done that, the appellate court is still entitled to reach different conclusions of fact, if satisfied that it is right to do so.
Secondly, this court on such an appeal must bear in mind that the members of the Professional Conduct Committee have relevant professional skills, which we do not have. We must give full weight to that when considering matters of professional behaviour. But once again we are entitled, having done so, to reach different conclusions of fact on such matters if we are nevertheless satisfied that it is right to do so."
1 Citers


 
Martine v South East Kent Health Authority Ind Summary, 22 March 1993; (1993) 20 BMLR 51; Times, 08 March 1993
22 Mar 1993
CA
Dillon LJ, Leggatt LJ
Negligence, Licensing, Health Professions
The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff's nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority's chief nursing officer. The order cancelling the registration was made by the magistrate and the nursing home was perforce closed with financial loss to its proprietor. The licence was later re-instated. The proprietor sought damages. Held: There was no cause of action in negligence for the alleged careless investigation by an area health authority towards a registered nursing home leading to an urgent application under section 30 for cancellation of the registration. The authority had no duty of care was not owed.
Dillon LJ said: "it was not just or reasonable . . that there should be a duty of care because the adversarial system of litigation has its own rules and requirements, which operate as checks and balances" and that if in any circumstances the checks and balances should fail "negligence as a tort could not be, and should not be, invoked as the remedy."
Leggatt LJ said: "The prescribed procedure is fast, and interposes only a sole justice of the peace between a health authority in pursuit of an order under the Act and the owner of a nursing home. But the fact that the safeguard is slight does not entitle a litigant to make good a supposed deficiency in the statutory procedure by recourse to the tort of negligence."
Registered Homes Act 1984 30
1 Citers


 
Dennis v UK Central Council for Nursing Midwifery and Health Visiting Independent, 23 March 1993; Gazette, 16 June 1993
23 Mar 1993
QBD

Health Professions
The Council when hearing a disciplinary complaint, must consider all the evidence, and explain its understanding of any rules which it intends to apply before retiring, where there might be any doubt or question. A conviction for a traffic offence can be of such a kind and seriousness as to bring a profession into disrepute and to be professional misconduct
Nurses Midwives & Health Visitors Act 1979

 
Khan v General Medical Council Independent, 24 March 1993; [1993] UKEAT 366_92_1802
24 Mar 1993
EAT

Employment, Health Professions
An Asian Doctor had repeatedly been refused full registration by the council. It was held that he could not bring a claim of indirect discrimination, because he had not exhausted his rights of appeal. An application for review under the Act gave sufficient opportunity of redress being by way of an independent hearing capable of overturning the original decision.
Race Relations Act 1976 12 - Medical Act 1983
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Secretary of State Health ex parte Goldstein; QBD 27-Apr-1993 - Independent, 27 April 1993

 
 Regina v Shulman, Regina v Prentice, Regina v Adomako and Regina v Holloway; CACD 21-May-1993 - Independent, 21 May 1993; Gazette, 30 June 1993; Times, 21 May 1993
 
Regina v Mid Glamorgan Family Health Services and Another, ex parte Martin Times, 02 June 1993; Gazette, 14 July 1993; Independent, 08 June 1993
2 Jun 1993
QBD

Litigation Practice, Health Professions
The Access to Health Records Act 1990 did not give retrospective rights of access to records which had been created before it was brought into effect.
Access to Health Records Act 1990
1 Citers



 
 Regina v North West Thames Regional Health Authority and Others, ex parte Daniels (Rhys William); QBD 18-Jun-1993 - Independent, 18 June 1993; Times, 22 June 1993
 
Regina v Cleveland County Council, Ex Parte Cleveland Care Homes Association Times, 26 November 1993
26 Nov 1993
QBD

Health Professions
An authority must act reasonably when imposing contractual terms on residential home owners whom it licensed.

 
Mace Joseph Joffe v The General Dental Council Co [1993] UKPC 48
15 Dec 1993
PC

Health Professions
(The Health Committee of The General Dental Council)
[ Bailii ]
 
Regina v Cleveland Cc, Ex Parte Cleveland Care Homes Association Independent, 30 December 1993
30 Dec 1993
QBD

Health Professions
A Health Authority's proposed Nursing Homes contract terms would defeat legislation. They were unreasonable.

 
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