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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: 1994 To: 1994

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


 
 Kabir v The General Medical Council Co; PC 27-Jan-1994 - [1994] UKPC 3
 
Glowinska v The General Dental Council Co [1994] UKPC 10
17 Mar 1994
PC

Health Professions
(The General Dental Council)
[ Bailii ]
 
Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson Times, 28 April 1994; Independent, 27 April 1994; [1995] QB 1; [1994] 3 All ER 972; [1994] 3 WLR 82; (1994) 158 JP 1011;; (1994) 19 BMLR 35
27 Apr 1994
CA
Sir Thomas Bingham MR
Coroners, Health Professions, Prisons
The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, but the Coroner directed the jury not to return a verdict which included any reference to lack of care. Held: A finding of neglect is rarely consistent with a suicide, or one where the deceased contributed to his own death. It would be wrong to allow the jury to attribute blame.
Sir Thomas Bingham MR said: 'Despite the rulings given by the appellate courts, problems continue to arise both for coroners seeking to conduct inquests and direct juries in accordance with the law as they understand it and for those interested in the death of a deceased person seeking to explore the full circumstances of the death and draw lessons which may prevent repetition. Coroners do their utmost to confine the proceedings before them within the bounds of what they consider to be proper. Interested parties not infrequently strain to pursue their quarry well beyond the boundaries set by the coroner.' and 'General Conclusions. An inquest is a fact finding inquiry conducted by a coroner, with or without a jury, to establish reliable answers to four important but limited factual questions. The first of these relates to the identity of the deceased, the second to the place of his death, the third to the time of death. In most cases these questions are not hard to answer but in a minority of cases the answer may be problematical. The fourth question, and that to which evidence and inquiry are most often and most closely directed, relates to how the deceased came by his death. Rule 36 requires that the proceedings and evidence shall be directed solely to ascertaining these matters and forbid any expression of opinion on any other matter.
Both in section 11(5)(b)(ii) of the Act of 1988 and in rule 36(1)(b) of the Rules of 1984, "how" is to be understood as meaning "by what means." It is noteworthy that the task is not to ascertain how the deceased died, which might reach general and far-reaching issues, but "how the deceased came by his death," a more limited question directed to the means by which the deceased came by his death. It is the duty of the coroner as the public official responsible for the conduct of inquests, whether he is sitting with a jury or without, to ensure that the relevant facts are fully, fairly and fearlessly investigated. He is bound to recognise the acute public concern rightly aroused where deaths occur in custody. He must ensure that the relevant facts are exposed to public scrutiny, particularly if there is evidence of foul play, abuse or inhumanity. He fails in his duty if his investigation is superficial, slipshod or perfunctory. But the responsibility is his. He must set the bounds of the inquiry. He must rule on the procedure to be followed. His decisions, like those of any other judicial officer, must be respected unless and until they are varied or overruled."
"It is not the function of a coroner or his jury to determine or appear to determine, any question of criminal or civil liability, to apportion guilt or attribute blame . . the prohibition on returning a verdict so as to appear to determine any question of civil liability is unqualified, applying whether anyone is named or not. Much of the difficulty to which verdicts of lack of care have given rise appear to be due to an almost inevitable confusion between this expression and the lack of care which is the foundation for a successful claim in common law negligence. Since many of those seeking that verdict do so as a stepping-stone towards such a claim the boundary is bound to become blurred. But lack of care in the context of an inquest has been correctly described as the obverse of self-neglect. It is to be hoped that in future the expression ‘lack of care’ may for practical purposes be deleted from the lexicon of inquests and replaced by ‘neglect’. Neglect in this context means a gross failure to provide adequate nourishment or liquid, or provide basic medical attention or shelter or warmth for someone in a dependent position (because of youth, age, illness or incarceration) who cannot provide it for himself. Failure to provide medical attention for a dependent person whose physical condition is such as to show he obviously needs it may amount to neglect . . Neglect can rarely, if ever, be an appropriate verdict on its own . . Neglect may contribute to a death from natural causes. Neither neglect nor self-neglect should ever form any part of any verdict unless a clear and direct causal connection is established between the conduct so described and the cause of death."
Coroners Act 1988 11(5)(b)(ii) - Coroners Rules 1984 36(1) 40
1 Cites

1 Citers


 
Regina v Secretary of State for Health Ex Parte Barratt Times, 02 May 1994
2 May 1994
QBD

Health Professions
A father may not persist with a complaint against a doctor against the wishes of the child on whose behalf the complaint was made.


 
 Regina v The Joint Committee on Surgical Training ex parte Milner; Admn 4-May-1994 - [1994] 7 Admin LR 754
 
Dr. Graham Pritchard Edlin v The General Medical Council Co [1994] UKPC 19
26 May 1994
PC

Health Professions
(The Professional Heath Committee of The General Medical Council)
[ Bailii ]
 
Bowden and Another v Lancashire County Council Unreported, 18 June 1994
18 Jun 1994
CA

Health Professions
The council had made an ex parte application to the magistrates to cancel the appellant's registration as a child minder. Held: The court affirmed the order setting aside the magistrates decision. The circumstances which the council put before the justices did not constitute an emergency sufficient to justify a summary order without notice under section 75.
Children Act 1989 75
1 Citers



 
 Regina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway; HL 1-Jul-1994 - Times, 04 July 1994; Independent, 01 July 1994; Gazette, 21 July 1994; [1995] 1 AC 171; [1994] UKHL 6; [1994] 3 WLR 288; [1994] 3 All ER 79
 
Regina v Yorkshire Health Authourity ex parte Suri; Regina v Same ex parte Gompels (D and M) Times, 15 August 1994; Ind Summary, 18 July 1994
18 Jul 1994
QBD

Health Professions
Pharmacists list membership was dependant on the effect on the entire population, and not the patient population. A relocation within same neighbourhood was a question of fact not by 'patient populations'.
National Health Serv (Pharmaceutical Services) Regulations 1992
1 Citers


 
Regina v Mid Glamorgan Family Health Services Authority, ex parte Martin Gazette, 19 October 1994; Independent, 07 September 1994; Times, 16 August 1994; [1995] 1 All ER 357
7 Sep 1994
CA

Health Professions, Health, Information
A doctor may deny a patient access to his health records if it is in the patient's best interests to do so. There is no common law right for a patient to see his own medical records, and the Act is not retrospective.
Access to Health Records Act 1990
1 Cites

1 Citers


 
Regina v Secretary of State for Health ex Parte Federation of Medical Service Ltd Times, 15 November 1994
15 Nov 1994
QBD

Health Professions, Company
Payments made by FHSA's to doctors' co-operatives were lawful even though they were not being made to a company limited by guarantee.

 
Ex Parte Phillips Times, 16 November 1994
16 Nov 1994
CA

Health Professions
The GMC may require from a doctor an undertaking not to consume alcohol as a pre-condition to his continuing to practise.

 
Dr. Edward Yaw Asirifi v The General Medical Council Co [1994] UKPC 48
13 Dec 1994
PC

Health Professions
(The General Dental Council)
[ Bailii ]
 
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