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Health Professions - From: 2004 To: 2004

This page lists 112 cases, and was prepared on 27 May 2018.

 
Chaudhary v the Secretary of State for Health UKEAT/0512/04 and UKEAT/0513/04
2004
EAT
His Honour Judge Peter Clark
Discrimination, Health Professions
EAT Race Discrimination - Burden of proof.
[ EAT ]

 
 Cavanagh, Bhatt, Redmond v The Health Service Commissione; Admn 2004 - [2004] EWHC 1847 (Admin
 
Regina (Arley Erlester Clark) v United Kingdom Central Council for Nursing, Midwifery and Health Visiting [2004] EWHC 1350
2004

Richards J
Health Professions
The court described the function of the appellate court when deciding whether the decision of a disciplinary committee was challenged: "In broad terms, the approach of the court on an appeal is as follows. Although its function in respect of a statutory appeal is to conduct a rehearing, it is one usually conducted, and conducted in this case, on the basis of a transcript of the hearing below. The appellate court must bear in mind that the decision-making Committee had the advantage of seeing and hearing the oral evidence given, and it must accord an appropriate measure of respect and weight to the judgment of the Committee on measures necessary to maintain professional standards and provide adequate protection to the public: see generally Ghosh v General Medical Council [2001] UKPC 29, [2001] 1 WLR 1915, and Gupta v General Medical Council [2001] UKPC 61, [2002] 1 WLR 1691 ..."
1 Citers


 
J v National Care Standards Commission [2003] EWCST 0168(NC)
2 Jan 2004
CST

Health Professions

[ Bailii ]
 
Joyce v National Care Standards Commission [2003] EWCST 190(NC)
6 Jan 2004
CST

Health Professions

[ Bailii ]
 
Joyce v National Care Standards Commission [2003] UKCST 190(NC)
6 Jan 2004
CST

Health Professions

[ Bailii ]
 
Archbold v The Royal College of Veterinary Surgeons [2004] UKPC 1
8 Jan 2004
PC

Health Professions
PC The Disciplinary Committee of the RCVS
[ Bailii ] - [ PC ] - [ PC ]
 
Ac v Ofsted [2003] UKCST 247(EY)
10 Jan 2004
CST

Health Professions

[ Bailii ]
 
AC v Ofsted [2003] EWCST 247(EY)
10 Jan 2004
CST

Health Professions

[ Bailii ]
 
H v Secretary of State for Education and Skills [2003] EWCST 182(PC)
18 Jan 2004
CST

Health Professions

[ Bailii ]
 
H v Secretary of State for Education and Skills [2003] UKCST 182(PC)
18 Jan 2004
CST

Health Professions

[ Bailii ]
 
Kirk v Royal College of Veterinary Surgeons [2004] UKPC 4
19 Jan 2004
PC

Health Professions
(Royal College of Veterinary Surgeon)
PC The Disciplinary Committee of the RCVS
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Razak v General Medical Council [2004] EWHC 205 (Admin)
23 Jan 2004
Admn

Health Professions

[ Bailii ]
 
Abrahaem, Regina (on the Application Of) v General Medical Council [2004] EWHC 279 (Admin)
26 Jan 2004
Admn
Newman J
Health Professions
The court considered the duties of the High Court when assessing a decision of a professional tribunal: "The position is now more accurately stated as requiring appropriate respect to be given to the opinion of the professional tribunal. It is likely that the degree of deference will be higher in technical cases where, for example, a knowledge of procedures and medical practices which are in issue, are more within the sphere of expertise of the professional body than the position which can arise in other cases (one might say as this), where the underlying substance of the allegations which the appellant faced, and which he admitted, involve issues of dishonesty and dishonesty in the broadest sense."
1 Citers

[ Bailii ]
 
Aliyu (Excel Kids Club and Childcare Services Ltd) v Ofsted [2004] UKCST 254(EY)
26 Jan 2004
CST

Health Professions

[ Bailii ]
 
Aliyu (Excel Kids Club and Childcare Services Ltd) v Ofsted [2004] EWCST 254(EY)
26 Jan 2004
CST

Health Professions

[ Bailii ]
 
The Estate of Dr Anandh and Another v Barnet Primary Health Care Trust and others [2004] EWCA Civ 5
27 Jan 2004
CA
Lord Justice Potter Lord Justice Latham Lady Justice Arden
Health Professions, Wills and Probate

[ Bailii ]
 
Regina v Ofsted [2003] EWCST 202(EY)
6 Feb 2004
CST

Health Professions

[ Bailii ]
 
R v Ofsted [2003] UKCST 202(EY)
6 Feb 2004
CST

Health Professions

[ Bailii ]
 
Woodlands Court Residential Home v National Care Standards Commission [2003] EWCST 209(NC)
10 Feb 2004
CST

Health Professions

[ Bailii ]
 
Quallo v Secretary of State for Education and Skills [2003] UKCST 213(PC)
13 Feb 2004
CST

Health Professions

[ Bailii ]
 
Quallo v Secretary of State for Education and Skills [2003] EWCST 213(PC)
13 Feb 2004
CST

Health Professions

[ Bailii ]
 
Raphael Medical Centre (Neurological Rehabilitation) v National Care Standards Commission [2002] UKCST 54(NC)
18 Feb 2004
CST

Health Professions

[ Bailii ]
 
Raphael Medical Centre (Neurological Rehabilitation) v National Care Standards Commission [2002] EWCST 54(NC)
18 Feb 2004
CST

Health Professions

[ Bailii ]
 
Shanker, Regina (on the Application Of) v General Medical Council [2004] EWHC 565 (Admin)
19 Feb 2004
Admn

Health Professions

[ Bailii ]
 
Murphy v National Care Standards Commission [2003] UKCST 199 NC; [2003] EWCST 199 NC
19 Feb 2004
CST

Health Professions

[ Bailii ] - [ Bailii ]
 
Wilkinson v National Care Standards Commission [2003] UKCST 231(EA); [2003] EWCST 231(EA)
23 Feb 2004
CST

Health Professions

[ Bailii ] - [ Bailii ]
 
Davies v Secretary of State for Health [2003] EWCST [2003] 0188(PC)
26 Feb 2004
CST

Health Professions

Protection of Children Act 1999
[ Bailii ]
 
Luthra, Regina (on the Application of) v General Dental Council [2004] EWHC 458 (Admin)
27 Feb 2004
Admn

Health Professions

Dental Act 1984 29
[ Bailii ]
 
Fatile (Ebenezer House) v National Care Standards Commission [2004] EWCST 237(NC)
1 Mar 2004
CST

Health Professions

[ Bailii ]
 
Walkes v Hm Chief Inspector of Schools [2003] EWCST 212(EY)
2 Mar 2004
CST

Health Professions

[ Bailii ]
 
Wentzel v General Medical Council [2004] EWHC 381 (Admin)
4 Mar 2004
Admn

Health Professions

[ Bailii ]
 
Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council [2004] EWCA Civ 233; Times, 19 March 2004; Gazette, 01 April 2004
5 Mar 2004
CA
Lord Justice Sedley Lord Justice Waller Lord Justice Carnwath
Health Professions
The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment to allow an appeal against their refusal. Held: The knowledge of prejudicial material was not an absolute bar. The experience and training of the tribunal members was to be taken into account. No sufficient appearance of bias had been shown. However in the circumstances, the Coincil should have adjourned to allow the application to the High Court.
1 Cites

1 Citers

[ Bailii ]
 
Q v Secretary of State for Education and Skills [2003] EWCST 206(PC)
10 Mar 2004
CST

Health Professions

[ Bailii ]
 
Mcquaid v Secretary of State for Education and Skills [2003] EWCST 206(PC)
10 Mar 2004
CST

Health Professions

[ Bailii ]
 
HM Chief Inspector of Schools v Spicer [2004] EWHC 440 (Admin)
12 Mar 2004
Admn

Education, Health Professions
The applicant was refused registration as a child minder, on the basis that a person is qualified for registration for childminding if she is "suitable to look after children under the age of eight" and that the applicant was said not to be suitable. Held: The burden of proof is on the Applicant in applications for Registration.
Children Act 1989 79B(3)(a)
1 Citers

[ Bailii ]
 
Gill, Regina (on the Application Of) v Hearing Aid Council [2004] EWHC 632 (Admin)
12 Mar 2004
Admn

Health Professions

[ Bailii ]
 
Hawkes v Secretary of State [2004] 243(PC)
25 Mar 2004
CST

Health Professions

[ Bailii ]
 
Mahfouz v Professional Conduct Committee of General Medical Council [2004] EWCA Civ 431
25 Mar 2004
CA

Health Professions

1 Cites

[ Bailii ]

 
 AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust; QBD 26-Mar-2004 - [2004] EWHC 644 (QB); Times, 12 April 2004; (2004) 77 BMLR 145; [2004] 2 FLR 365; [2004] 3 FCR 324; [2004] Fam Law 501; [2005] 2 WLR 358; [2005] Lloyd's Rep Med 1; [2005] QB 50
 
Hunt v National Care Standards Commission [2003] EWCST 207(NC)
29 Mar 2004
CST

Health Professions

[ Bailii ]
 
Council for the Regulation of Health Care Professionals v The General Medical Council, Dr Giuseppe Antonio Ruscillo [2004] EWHC 527 (Admin); Times, 08 April 2004; Gazette, 22 April 2004
29 Mar 2004
Admn
Mr Justice Leveson
Health Professions
The doctor had been acquitted by the respondent of serious professional misconduct. The applicant sought to appeal to the General Medical Council. Held: The Act gave the applicant statutory powers of regulation of the bodies regulating the health professions. It had power to make the application, and was not required to wait until the outcome of other investigations by the GMC
National Health Service Reform and Health Care Professions Act 2002
1 Citers

[ Bailii ]
 
The Council for the Regulation of Healthcare Professionals v The Nursing and Midwifery Council and Truscott [2004] EWHC 585 (Admin); Times, 08 April 2004
31 Mar 2004
QBD
Mr Justice Collins
Health Professions
A nurse was found guilty of misconduct. The Council sought to appeal the penalty, saying it was too lenient. Held: The nurse had accessed explicit and offensive web-sites, and been cautioned. The council had the power to make such an application, but it was for the Council to establish that the penalty was unduly lenient. That had not been established here and the application was refused.
1 Citers

[ Bailii ]
 
Kataria v Essex Strategic Health Authority [2004] EWHC 641 (Admin); Times, 16 April 2004
1 Apr 2004
Admn
Stanley Burnton J
Health Professions
The practitioner sought a statutory review of the decision to disqualify him from practice. The Family Health Services Appeal Authority had dismissed his request, refusing to look at the correctness of the original tribunal's decision. Held: It was not the function of the Authority on hearing such a request to consider the correctness of the original decision. Where it was expected that a tribunal would hear such matters, the hearing would be described as an appeal. This provision allowed the tribunal to look again after a minimum period of two years. The instant tribunal was at the same level as the original one, and was not in a position to deal with such a style of application.
National Health Service Act 1977 49N(7)
[ Bailii ]
 
Attorney-General's Reference (No 2 of 2003) Unreported, 1 April 2004
1 Apr 2004

Judge LJ, Elias, Stanley Burnton JJ
Health Professions, Crime
The license holder of a fertility clinic was accused of keeping an embryo otherwise than in pursuance of the licence. The clinic had employed a respected consultant who had carried out the task, but had done so unlawfully. Held: The Act made a clear distinction between the person responsible for keeping the embryos and the license holder. The licence holder might be subject to disciplinary procedures within the licence system, but he had not been the person responsible within the Act in this case.
Human Fertilisation and Embryology Act 1990

 
Moody v General Osteopathic Council [2004] EWHC 967 (Admin)
5 Apr 2004
Admn
Collins J
Health Professions

1 Citers

[ Bailii ]
 
Hn v Ofsted [2003] EWCST 229(EY)
5 Apr 2004
CST

Health Professions

[ Bailii ]
 
Lawrence v Secretary of State for Education and Skills [2003] EWCST 215(PC)
5 Apr 2004
CST

Health Professions

[ Bailii ]
 
Lw v Ofsted [2004] EWCST 270(EYSUS)
14 Apr 2004
CST

Health Professions

[ Bailii ]
 
National Care Standards Commission, Regina (on the Application Of) v Jones [2004] EWHC 918 (Admin)
21 Apr 2004
Admn
Sullivan J
Health Professions
The Tribunal must ensure that it "asks itself the correct questions and then provides intelligible answers to those questions"
1 Citers

[ Bailii ]

 
 A v General Medical Council; Admn 26-Apr-2004 - [2004] EWHC 880 (Admin)
 
Simpson v Commission for Social Care Inspection [2004] UKCST 255(EA)
27 Apr 2004
CST

Health Professions

[ Bailii ]
 
Council for the Regulation of Healthcare Professionals v General Medical Council and Dr. Olagbalekan Solanke [2004] EWHC 944 (Admin); Times, 10 May 2004
30 Apr 2004
Admn
Leveson J
Health Professions
The council appealed against what it said was a lenient sentence imposed on a doctor for malpractice. Held: It was relevant to take account of the way criminal courts dealt with appeals against lenient sentences. The test in relation to an appeal would be different depending on whether the appeal is mounted against an excessive sentence or one that is said to be unduly lenient. In technical cases it will be more difficult because of their expertise to say that the PCC have exceeded the bounds within which the range of an appropriate decision lies. The approach of the GMC and of the PCC was open to legitimate criticism; rather more information should have been available to it; no doctor in these circumstances need give evidence; expressions of remorse or regret not backed up by a willingness to answer questions about the true extent both of the misconduct and the remorse, however, are unlikely to be very convincing. Nevertheless, the appeal was dismissed.
1 Cites

1 Citers

[ Bailii ]
 
Kaye-Engel v Secretary of State for Education and Skills [2003] EWCST 241(PC)
4 May 2004
CST

Health Professions

[ Bailii ]
 
Companion Care (Witney) Ltd v Commission for Social Care Inspection [2003] EWCST 0263(EA)
5 May 2004
CST

Health Professions

[ Bailii ]
 
Grove Lodge Care Home, Stockport v Commission for Social Care Inspection [2003] EWCST 246(NC)
6 May 2004
CST

Health Professions

[ Bailii ]
 
the London Cosmetic Laser Centre Ltd v Commission for Healthcare Audit and Inspection [2004] EWCST 278(EA)
22 May 2004
CST

Health Professions

[ Bailii ]
 
AbuMahfouz and the London Cosmetic Laser Centre (Finding on Preliminary Point) [2004] EWCST 277(EA)
22 May 2004
CST

Health Professions

[ Bailii ]
 
Pal v General Medical Council [2004] EWHC 1485 (QB)
27 May 2004
QBD

Health Professions, Information, Defamation, Human Rights

[ Bailii ]
 
Campbell, Regina (on the Application of) v Birkin [2004] EWHC 1288 (Admin); [2004] EWHC 1301 (Admin)
28 May 2004
Admn

Health Professions
Judicial review by patient of refusal by GMC to discipline doctor
[ Bailii ] - [ Bailii ]
 
Treasure Island Permanent Fostering v Commission for Social Care Inspection [2003] EWCST 0223(EA)
3 Jun 2004
CST

Health Professions

[ Bailii ]
 
Lloyds Pharmacy Ltd v The National Appeal Panel and Another [2004] ScotCS 140; 2004 SC 703
11 Jun 2004
ScS

Scotland, Health Professions
The idea of whether the provision of pharnacy services in an area was adequate was an absolute one.
National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (1995 SI No 414 5(10)
1 Citers

[ Bailii ]
 
Blackett, Regina (on the Application Of) v Nursing and Midwifery Council [2004] EWHC 1494 (Admin)
11 Jun 2004
Admn

Health Professions

[ Bailii ]
 
Moore and Others, Regina (on the Application Of) v Care Standards Tribunal and Another [2004] EWHC 1823 (Admin)
14 Jun 2004
Admn

Health Professions

[ Bailii ]
 
Lw v Ofsted [2004] EWCST 270(EYSUS_Costs)
22 Jun 2004
CST

Health Professions

[ Bailii ]
 
Hawkes v Secretary of State [2003] EWCST 243(PC_Costs)
23 Jun 2004
CST

Health Professions

[ Bailii ]
 
Phillips, Regina (on the Application of) v General Medical Council [2004] EWHC 1858 (Admin)
2 Jul 2004
Admn

Health Professions

[ Bailii ]
 
P v OFSTED [2004] EWCST 334(EYSUS)
12 Jul 2004
CST

Health Professions

[ Bailii ]
 
Doncaster and Bassetlaw Hospitals NHS Trust and Another v C [2004] EWHC 1657 (Fam)
12 Jul 2004
FD

Health Professions

[ Bailii ]

 
 Medical Protection Society, Dr Bown, Dr Hickey v Dr Sadek; CA 12-Jul-2004 - [2004] EWCA Civ 865; Times, 02 September 2004

 
 Kirk v The Royal College of Veterinary Surgeons; PC 13-Jul-2004 - [2004] UKPC 35
 
Aston, Regina (on the Application Of) v Nursing and Midwifery Council [2004] EWHC 2368 (Admin)
21 Jul 2004
Admn

Health Professions

Midwives and Health Visitors Act 1997 12
[ Bailii ]
 
Council for the Regulation of Healthcare Professionals v The General Medical Council, Dr Leeper [2004] EWHC 1850 (Admin); Times, 01 September 2004
30 Jul 2004
Admn
Mr Justice Collins
Health Professions
The Council appealed a decision of the respondent saying that the disciplinary measures imposed on the Doctor were insufficient. Held: A reference to the Court from the tribunal operated as an appeal. It was therefore for the court to decide whether the decision of the tribunal was wrong, but whether it was wrong was to be judged against the background to the decision, which would include the primary legislation. The court should vary a disposition only if the order was unduly lenient. The court had the power to re-sentence without remitting the case to the tribunal, and might do do where there was no choice of penalty. In this case whilst the direction of the committee was unduly lenient it was not necessary to impose suspension.
National Health Service Reform and Health Care Professions Act 2002 29
1 Citers

[ Bailii ]
 
SA v HM Chief Inspector of Schools In England [2004] EWCST 0342(EYSUS)
2 Aug 2004
CST

Health Professions

[ Bailii ]
 
General Medical Council v Amarasingha [2004] EWHC 2055 (Admin)
11 Aug 2004
Admn

Health Professions

[ Bailii ]
 
Hall v Commission for Social Care Inspection [2003] EWCST 242(EA)
17 Aug 2004
CST

Health Professions

[ Bailii ]
 
Rose v Commission for Social Care Inspection [2004] EWCST 306(EA)
23 Aug 2004
CST

Health Professions

[ Bailii ]
 
General Medical Council, Regina (on the Application Of) v George [2004] EWHC 2261 (Admin)
1 Sep 2004
Admn

Health Professions

[ Bailii ]
 
General Medical Council, Regina (on the Application Of) v Mehrotra [2004] EWHC 2212 (Admin)
9 Sep 2004
Admn

Health Professions

[ Bailii ]
 
Bromfield-Rabley v Secretary of State for Education and Skills [2004] EWCST 324(PC)
20 Sep 2004
CST

Health Professions

[ Bailii ]
 
Hollyhead v Secretary of State for Education and Skills [2004] EWCST 0309(PC)
27 Sep 2004
CST

Health Professions

[ Bailii ]
 
Lowe v Ofsted [2004] EWCST 0336(EY)
28 Sep 2004
CST

Health Professions

[ Bailii ]
 
Nandi v General Medical Council [2004] EWHC 2317 (Admin)
4 Oct 2004
Admn

Health Professions

[ Bailii ]
 
Raphael Special Care Unit (Mental Health Unit) v Commission for Social Care Inspection (Csci) Rev 1 [2002] EWCST 55(NC)
7 Oct 2004
CST

Health Professions

[ Bailii ]

 
 Portsmouth NHS Trust v Wyatt and others; FD 7-Oct-2004 - [2004] EWHC 2247 (Fam); [2005] 1 FLR 21; [2004] Fam Law 866; (2005) 84 BMLR 206
 
Moore and Others, Regina (on the Application Of) v Care Standards Tribunal and Another [2004] EWHC 2481 (Admin)
15 Oct 2004
Admn

Health Professions

[ Bailii ]
 
Agarwal v Commission for Health Care Audit and Inspection [2003] EWCST 0208(EA)
18 Oct 2004
CST

Health Professions

[ Bailii ]
 
Arr v Secretary of State for Education and Skills [2004] EWCST 0271(PC)
19 Oct 2004
CST

Health Professions

[ Bailii ]
 
Dr Giuseppe Ruscill, Council for the Regulation of Health Care Professionals v The General Medical Council and Another, The Council for the Regulation of Health Care Profesionals, The Nursing and Midwifery Council, Truscott [2004] EWCA Civ 1356; Times, 27 October 2004
20 Oct 2004
CA
Lord Justice Chadwick The Honourable Mr Justice Hooper Lord Philips Of Worth Matravers, Mr
Health Professions
The Council sought to refer to the High Court decisions to acquit the doctors of professional misconduct. The doctors argued that the power only existed for lenient sentences. Held: The power to refer for undue leniency included the situation where the committee's decision to acquit was inadequately founded. The purpose of section 29 was engaged just as much by a decision to acquit as by the imposition of a lenient sentence. It had to be shown (i) that the penalty imposed was unduly lenient either because the findings were inadequate or the penalty did not reflect the misconduct found, and (ii) it was in the public interest to take further action. As to the admission of new evidence on appeal the rules in Ladd v Marshall would apply at the High Court but not in proceedings under s29.
National Health Service Reform and Health Care Professions Act 2002 829
1 Cites

1 Citers

[ Bailii ]
 
Gibson and Another v Commission for Social Care Inspection [2004] EWCST 265(EA)
25 Oct 2004
CST

Health Professions

[ Bailii ]
 
Hine v Secretary of State for Education and Skills [2004] EWCST 349(PC)
28 Oct 2004
CST

Health Professions

[ Bailii ]
 
Gage v General Chiropractic Council [2004] EWHC 2762 (Admin)
1 Nov 2004
Admn

Health Professions

[ Bailii ]
 
Gibson, Regina (on the Application Of) v General Medical Council and others [2004] EWHC 2781 (Admin)
5 Nov 2004
Admn

Health Professions

[ Bailii ]
 
The London Cosmetic Laser Centre Ltd v Commission for Healthcare Audit and Inspection [2004] EWCST 278(EA)
14 Nov 2004
CST

Health Professions

[ Bailii ]
 
Mahfouz v Commission for Healthcare Audit and Inspection [2004] EWCST 277(EA)
14 Nov 2004
CST

Health Professions

[ Bailii ]
 
Mairs v Secretary of State for Education and Skills [2004] EWCST 269(PC)
15 Nov 2004
CST

Health Professions

1 Citers

[ Bailii ]
 
Bromfield-Rabley v Secretary of Stateofor Education and Skills [2004] EWCST 324(PC)(2)
17 Nov 2004
CST

Health Professions

[ Bailii ]
 
Mensah v Jones [2004] EWHC 2699 (Ch)
19 Nov 2004
ChD

Health Professions, Torts - Other

[ Bailii ]
 
Boodoo v General Medical Council [2004] EWHC 2712 (Admin)
19 Nov 2004
Admn

Health Professions

[ Bailii ]
 
Beynon and Partners v Customs and Excise [2004] UKHL 53; Times, 26 November 2004; [2005] 1 WLR 86; [2005] STC 55
25 Nov 2004
HL
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe
Health Professions, VAT
The House asked whether the personal administration of a drug such as a vaccine by an NHS doctor to a patient is a taxable supply for the purposes of value added tax. The provision of medical care in the exercise of the medical and paramedical professions should be exempt from VAT, but the supply of goods is taxable (though zero rated). In rural areas doctors also filled the role of pharmacist. They sought to argue that the supplies of drugs in that context was taxable, and that they could therefore recover input taxes. The commissioners argued that there was a single exempt supply. Held: The regulations only allowed doctors to dispense drugs which patients would administer themselves where the special rules applied. There was however no sufficient distinction to have the dispensing treated differently. Comissioners' appeal allowed.
Value Added Tax Act 1994
1 Cites

1 Citers

[ Bailii ] - [ House of Lords ]
 
Threlfall v General Optical Council [2004] EWHC 2683 (Admin); Times, 02 December 2004
26 Nov 2004
Admn
Stanley Burnton J
Health Professions
The optician, a registered opthalmic optician appealed a finding of serious professional misconduct in having failed to diagnose a patient's condition when referring her to the hospital. Held: The appeal succeeded. An optician carrying out an examination was not required to undertake investigations to diagnose an illness. It was sufficient, having identified that there was some problem requiring treatment, to refer the patient on to a hospital or other medical practitioner.
1 Citers

[ Bailii ]
 
Ulliott v Secretary of State [2004] EWCST 0343(PC)(Costs)
8 Dec 2004
CST

Health Professions

[ Bailii ]
 
Malekout v Secretary of State for Health Times, 04 January 2005; [2004] EWHC 2879 (Admin)
10 Dec 2004
Admn
Wilkie J
Health Professions
The claimant had been a dentist. He was eligible for a health service injury allowance, having ceased to be employed because of an injury. He appealed a finding that he was entitled to benefit calculated only on the average of his emoluments throughout his employment. The claimant argued that the calculation should not include the period during which his earnings were reduced because of the injury. Held: Tne respondent had properly calculated the entitlement according to the rules.
1 Cites

1 Citers

[ Bailii ]
 
Mason v Secretary of State for Education and Skills [2004] EWCST 0335(PC)
14 Dec 2004
CST

Health Professions

[ Bailii ]
 
Md v Secretary of State for Education and Skills [2004] EWCST 0345(PC)
15 Dec 2004
CST

Health Professions

[ Bailii ]
 
Jones v Commission for Social Care Inspection [2004] EWCA Civ 1713; Times, 04 January 2005
16 Dec 2004
CA
Brooke LJ, Thomas LJ
Health Professions
Registration of Nursing Home. Brooke LJ: "I have no hesitation in holding that an applicant must demonstrate to the Commission, and if there is an appeal, the Care Standards Tribunal, that he is a fit person before he can be qualified for registration…It would be absurd if the onus of proof were placed on the Commission to demonstrate unfitness before it could refuse registration." Thomas LJ " A manager of a care home occupies an important position of trust and must . . demonstrate that he is fit and proper to hold such a position; any doubts must be resolved against registration."
1 Citers

[ Bailii ]
 
Wislang v Medical Council of New Zealand and others [2004] UKPC 59
16 Dec 2004
PC
Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood
Commonwealth, Health Professions
(New Zealand) The appellant a registered medical practitioner appealed findings of misconduct and restrictions on his practising certificate, particularly practising without a current certificate. He answered saying he undertook only academic work.
[ Bailii ]
 
Miles Roger Wislang v Medical Council of New Zealand and others
16 Dec 2004
PC

Commonwealth, Health Professions
PC New Zealand
[ PC ]
 
Walters v Ofsted [2004] EWCST 292(EY)
20 Dec 2004
CST

Health Professions

[ Bailii ]
 
Council for the Regulation of Healthcare Professionals, Regina (on the Application Of) v the General Medical Council and Another [2004] EWHC 3115 (Admin)
20 Dec 2004
Admn

Health Professions

[ Bailii ]
 
David v General Medical Council [2004] EWHC 2977 (Admin)
21 Dec 2004
QBD
Stanley Burnton J
Health Professions
The doctor sought judicial review of a decision by the GMC's Preliminary Proceedings Committee to refer a complaint to the full Professional Conduct Committee. Held: The court should be reluctant to intervene at such a stage in proceedings. Though the PPC worked on paper only and without opportunity for representation, in effect the cautions placed upon its decisions applied also in any judicial review of its decision. The court should be particularly careful when assessing medical evidence. Unlike the PPC it was not medically qualified. Review refused.
[ Bailii ]
 
SJ v Ofsted [2004] EWCST 0344(EY)
22 Dec 2004
CST

Health Professions, Legal Aid
The respondent had refused the applicant a registration as a child minder. She appealed but had to ask for adjournment to find public funding to assist her in making the application. Legal Aid not being generally available, the adjournment was refused. The registration was on the basis that she had persisted in asserting that her children had been sexually abused by their father despite court findings that this was not the case, and that her persistence had itself caused emotional harm to her children. Held: "On the basis of the Applicant's own witness statement we know that two of her children have been removed from her care, she continues to believe that Mr P sexually abused her daughter, the Judgments of the Court make clear that she was responsible for abusing emotionally her children, she has suffered a breakdown in her health as recently as 2001 and as a result had to leave work. We believe that all this information points in one direction only, namely her unsuitability to look after, as a registered childminder, children under the age of eight. We dismiss the appeal. "
Children Act 1989 79M
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