Tag: Health Professions

ARB v IVF Hammersmith Ltd: QBD 6 Oct 2017

The claimant, father of a child born by artificial insemination from a frozen embryo, alleged that the signature on the form of consent had been forged.

Judges:

Jay J

Citations:

[2017] EWHC 2438 (QB), [2017] WLR(D) 640

Links:

Bailii, WLRD

Statutes:

Human Fertilisation and Embryology Act 1990

Jurisdiction:

England and Wales

Torts – Other, Health Professions

Updated: 21 January 2023; Ref: scu.598438

Regina v Yorkshire Regional Health Authority Ex Parte Suri, Regina v Same Ex Parte Gompels Etc: CA 5 Dec 1995

Effect of move of pharmacy is one of fact and degree for Health Authority to decide. Move of pharmacy question of geography not topography – effect on other pharmacies.

Citations:

Times 05-Dec-1995, Ind Summary 18-Dec-1995

Statutes:

National Health Service (Pharmaceutical Services) Regulations 1992

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Yorkshire Health Authourity ex parte Suri; Regina v Same ex parte Gompels (D and M) QBD 18-Jul-1994
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’. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 09 December 2022; Ref: scu.88359

In Re A (A Minor) (Disclosure of Medical Records to GMC): FD 21 Aug 1998

Applications by the General Medical Council for court records in order to pursue professional misconduct proceeding, should follow new routine of having two court hearings, ex parte appointment and on notice rather than previous three stages system.

Citations:

Times 21-Aug-1998, [1998] 2 FLR 641

Jurisdiction:

England and Wales

Citing:

Disapproved – Re AB (Child Abuse: Expert Witnesses) FD 1995
. .

Cited by:

Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 09 December 2022; Ref: scu.81623

Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings before the Employment Tribunal by virtue of section 120 of the 2010 Act.
Held: The GMC’s appeal failed. Judicial review in the context of the present case is not in the nature of an appeal. Nor is it a remedy provided by reason of an enactment.

Judges:

Baroness Hale of Richmond PSC, Lord Mance DPSC, Lord Kerr of Tonaghmore;, Lord Wilson, Lord Hughes JJSC

Citations:

[2017] UKSC 71, [2017] 1 WLR 4193, (2018) 159 BMLR 1, [2018] 1 All ER 463, [2018] ICR 49, [2018] IRLR 60, [2017] WLR(D) 734, UKSC 2016/0084

Links:

Bailii, WLRD, SC, SC Summary, SC Summary Video, SC 2017 07 04 am Video, SC 2017 07 04 pm Video, Bailii Summary

Statutes:

Equality Act 2010 120(7), Senior Courts Act 1981 31(1)

Jurisdiction:

England and Wales

Citing:

At EAT – The General Medical Council v Dickson, Haywood, Dr Michalak EAT 25-Nov-2014
The Claimant complained to an Employment Tribunal that she had been discriminated against by the GMC (a qualifications body). The GMC contended that section 120(7) Equality Act precluded jurisdiction, since judicial review afforded an appeal for the . .
See Also – Michalak, Regina (on The Application of) v General Medical Council Admn 22-Jul-2011
Dr M sought judicial review of a decision by the respondent to continue its investigation of her by the Fitness to Practice panel. That panel, after hearing substantial evidence had to restart on the panel medical member was unable to continue with . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Cited – Pham v Secretary of State for The Home Department SC 25-Mar-2015
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within . .
Cited – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
Appeal from – Michalak v The General Medical Council and Others CA 23-Mar-2016
The court considered the remedies and routes of appeal available to individuals who claim to have suffered from discrimination, victimisation, harassment or detriment in the treatment that they have received from a qualifications body. In . .
Cited – Khan v General Medical Council CA 11-Apr-1994
The appellant’s application for full registration as a qualified medical practitioner had been refused by the GMC after a five-year maximum period of limited registration. His application for full registration in accordance with section 25 of the . .
Cited – Tariquez-Zaman v General Medical Council EAT 20-Dec-2006
EAT Race Discrimination – Discrimination by other bodies
Practice and Procedure – Amendment
(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the . .
Dictum disapproved – Jooste v General Medical Council and Others EAT 4-Jul-2012
EAT RACE DISCRIMINATION – Indirect
PRACTICE AND PROCEDURE
Appellate jurisdiction/reasons/Burns-Barke
Costs
The Employment Judge correctly struck out the Claimant’s claims as having no . .
Cited – The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
Cited – Cart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – Datec Electronics Holdings Ltd and others v United Parcels Services Ltd HL 16-May-2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . .
Cited – In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .

Cited by:

Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Judicial Review

Updated: 04 December 2022; Ref: scu.598455

Harford v The Nursing and Midwifery Council: Admn 10 Apr 2013

The appellant challenged a finding that her fitness to practice had been impaired by misconduct and the attachment of a conditions of practice order effective for six months.
Held: The Panel had applied the correct test.

Judges:

Wyn Williams J

Citations:

[2013] EWHC 696 (Admin)

Links:

Bailii

Statutes:

Nursing and Midwifery Order 2001 21

Citing:

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 – Cohen v General Medical Council Admn 19-Mar-2008
The appellant consultant anaesthetist appealed against the decision of the respondent’s Fitness to Practice Panel to impose conditions on his registration.
Held: The appeal succeeded: ‘Any approach to the issue of whether a doctor’s fitness to . .
Cited – General Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
Cited – Spencer v General Osteopathic Council Admn 8-Nov-2012
Irwin J was asked to elucidate the meaning of the phrase ‘unacceptable professional conduct’ within the 1993 Act. No authority was cited to the learned judge dealing, specifically, with that phrase in that Act but Counsel for the Appellant placed . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 14 November 2022; Ref: scu.472510

Khan v General Pharmaceutical Council: SC 14 Dec 2016

The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension.
Held: The different appeals of both the GPC and the practitioner were allowed. The review committee’s powers were set out within the Order, but how they should be exercised was not set down. From the Indicative Sanctions Guidance however, it was clear that the focus of the review was on the current fitness to resume practice, judged in the light of what the practitioner has, or has not, achieved since the date of suspension. The Extra Division was too ingenious. There was no middle way. It was wrong to remit the case to the committee for disposal on that basis.

Judges:

Lord Neuberger, President, Lord Wilson, Lord Reed, Lord Carnwath, Lord Hodge

Citations:

[2016] UKSC 64, UKSC 2014/0214, [2017] 3 All ER 873, (2017) 153 BMLR 1, [2017] Med LR 49, 153 BMLR 1, [2017] ICR 223, [2017] 1 WLR 169

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Video Summary, SC Hearing ideo

Statutes:

General Pharmaceutical Council (Fitness to Practise and Disqualification etc) Rules 2010

Jurisdiction:

Scotland

Citing:

Appeal from – HK v General Pharmaceutical Council SCS 11-Jul-2014
Appeal from Fitness to Practice Committee of the General Pharmaceutical Council. The practitioner had been suspended, but the penalty was imposed without apparent consideration of the committee’s power to make an alternative order . .
Cited – Taylor v The General Medical Council PC 30-Apr-1990
(The Professional Committee of The General Medical Council) Successive periods of suspension of a practitioner’s registration.
The doctor, who had previously received a suspended sentence of imprisonment for making false statements in order to . .
Cited – Obukofe v General Medical Council Admn 2014
medical practitioner appealed against the direction of a Fitness to Practise Panel of the GMC to extend for one year the period, also of one year, for which he had originally been suspended from practice. He had received suspended sentences of . .
Cited – Dad v The General Dental Council PC 13-Apr-2000
A dentist was convicted of traffic offences including driving whilst disqualified. He was suspended from practising as a dentist for 12 months. He appealed, and the court substituted a suspension from practice itself suspended for two years. That . .
Cited – Dr Marinovich v The General Medical Council PC 24-Jun-2002
PC Professional Conduct Committee of the GMC. The applicant had been suspended from practice. He had been struck off in Australia, and moved to the UK to practice. The GMC sought to suspend him because of the . .
Cited – Dr Ghosh v The General Medical Council PC 25-Jun-2001
(Professional Conduct Committee of the GMC) The Board of the Privy Council, when acting to hear an appeal from the disciplinary committee of the General Medical Council would in future deal with the case by way of a rehearing. Given the nature of . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 03 November 2022; Ref: scu.572398

Waghorn v Care Quality Commission: Admn 11 Jul 2012

W, a registered medical practitioner, appealed by way of case stated against the decision that he had carried on an independent hospital without being registered in respect of it under Part II of the Care Standards Act 2000, contrary to section 11 (1) of that Act.

Judges:

Cox DBE J

Citations:

[2012] EWHC 1816 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Crime

Updated: 03 November 2022; Ref: scu.462911

Chhabra v West London Mental Health NHS: QBD 1 Jun 2012

The claimant, a consultant forensic psychiatrist sought to restrain the defendants from going ahead with disciplinary proceedings as to alleged breaches of patient confidentiality.
Held: The application succeeded. The complaint was properly as to misconduct, and not capacity, and the proposed method of investigation was inappropriate.

Judges:

McMullen QC J

Citations:

[2012] EWHC 1735 (QB)

Links:

Bailii

Citing:

Cited – Sarkar v West London Mental Health NHS Trust CA 19-Mar-2010
The doctor had been summarily dismissed for gross misconduct. He now appealed against the EAT’s reversal of the finding of unfair dismissal. The original procedure adopted was appropriate to a lesser level of misconduct, but the employer had later . .

Cited by:

Appeal from – West London Mental Health NHS Trust v Chhabra CA 25-Jan-2013
The Trust appealed against a decision that its procedures in seeking to discipline the respondent consultant forensic psychiatrist were wrongly applied and the associated injunction.
Held: The appeal succeeded. The conduct complained of was of . .
At first instance – West London Mental Health NHS Trust v Chhabra SC 18-Dec-2013
The trust sought to begin disciplinary proceedings against the claimant, a consultant forensic psychologist alleging gross misconduct. She was said to have left confidential patient records on a train.
Held: Gross misconduct should be conduct . .
Lists of cited by and citing cases may be incomplete.

Information, Health Professions, Employment

Updated: 03 November 2022; Ref: scu.461888

Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982

Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the requirements of article 6(1), or they do not so comply but are subject to subsequent control by a judicial body which has full jurisdiction and does provide the guarantees of article 6(1).’

Citations:

(1983) 5 EHRR 533, 7238/75, 6878/75, [1982] ECHR 7

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6(1)

Jurisdiction:

Human Rights

Citing:

See Also – 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 . .
See Also – Le Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981
The applicants were suspended from practising medicine for three months by the Provincial Council of the Ordre des medecins. They appealed unsuccessfully to the Appeal Council and again unsuccessfully to the Court de Cassation. Dr Le Compte . .

Cited by:

See also – Albert And Le Compte v Belgium ECHR 10-Feb-1983
Hudoc Violation of Art. 6-1; Just satisfaction reserved . .
See Also – Albert And Le Compte v Belgium ECHR 24-Oct-1983
ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. . .
See Also – Albert And Le Compte v Belgium (Article 50) ECHR 24-Oct-1983
The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
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.

Human Rights, Health Professions

Updated: 31 October 2022; Ref: scu.227211

Regina v Mid Glamorgan Family Health Services Authority, ex parte Martin: CA 7 Sep 1994

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.

Citations:

Gazette 19-Oct-1994, Independent 07-Sep-1994, Times 16-Aug-1994, [1995] 1 All ER 357

Statutes:

Access to Health Records Act 1990

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Mid Glamorgan Family Health Services and Another, ex parte Martin QBD 2-Jun-1993
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. . .

Cited by:

Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Health, Information

Updated: 26 October 2022; Ref: scu.87336

Martine v South East Kent Health Authority: CA 22 Mar 1993

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.’

Judges:

Dillon LJ, Leggatt LJ

Citations:

Ind Summary 22-Mar-1993, (1993) 20 BMLR 51, Times 08-Mar-1993

Statutes:

Registered Homes Act 1984 30

Jurisdiction:

England and Wales

Cited by:

Cited – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
Cited – Bowden and Another v Lancashire County Council CA 16-Apr-2002
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and . .
Cited – Trent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
Lists of cited by and citing cases may be incomplete.

Negligence, Licensing, Health Professions

Updated: 26 October 2022; Ref: scu.83452

Dr Ghosh v The General Medical Council: PC 25 Jun 2001

(Professional Conduct Committee of the GMC) The Board of the Privy Council, when acting to hear an appeal from the disciplinary committee of the General Medical Council would in future deal with the case by way of a rehearing. Given the nature of the threat to those appearing before the committee, their human rights to a fair trial could be protected by the additional jurisdiction. Exercising that jurisdiction in this case, the board decided that the remedy imposed had been appropriate and proportionate.
Lord Millett said: ‘The board will afford an appropriate measure of respect to the judgment in the committee whether the practitioner’s failing amount to serious professional misconduct and on the measures necessary to maintain professional standards and provide adequate protection to the public. But the board will not defer to the committee’s judgment more than is warranted by the circumstances.’

Judges:

Lord Millett

Citations:

Times 25-Jun-2001, [2001] 1 WLR 1915, [2001] UKPC 29, Appeal No 69 of 2000

Links:

Bailii, PC, PC, PC

Statutes:

Human Rights Act 1998

Jurisdiction:

Commonwealth

Citing:

Followed – Evans v General Medical Council PC 19-Nov-1984
‘The principles upon which this Board acts in reviewing sentences passed by the Professional Conduct Committee are well settled. It has been said time and again that a disciplinary committee are the best possible people for weighing the seriousness . .

Cited by:

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 – Dr Norton v The General Medical Council PC 11-Feb-2002
The appellant doctor had practised in plastic and related surgery, particularly liposuction. The complaints against him related to a failure to supervise his staff, wrongful delegation, and lack of care. His name had been erased from the register, . .
Cited – Mubarak v General Medical Council Admn 20-Nov-2008
The doctor appealed against a finding against him of professional misconduct in the form of a sexualised examination of a female patient.
Held: The reasons given were adequate, and the response of erasure from the register was the only one . .
Cited – Khan v General Pharmaceutical Council SC 14-Dec-2016
The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension.
Held: The different appeals of both the . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights

Updated: 25 October 2022; Ref: scu.80807

Jooste v General Medical Council: Admn 19 Oct 2010

Judges:

Nicola Davies J DBE

Citations:

[2010] EWHC 2558 (Admin)

Links:

Bailii

Statutes:

Medical Act 1983 41A(10)

Jurisdiction:

England and Wales

Cited by:

See Also – Jooste v General Medical Council and Others EAT 4-Jul-2012
EAT RACE DISCRIMINATION – Indirect
PRACTICE AND PROCEDURE
Appellate jurisdiction/reasons/Burns-Barke
Costs
The Employment Judge correctly struck out the Claimant’s claims as having no . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 01 October 2022; Ref: scu.425343

A B and others v Leeds Teaching Hospitals NHS Trust: QBD 9 May 2003

The claimants were involved in a group litigation with regard to the removal of organs without consent from deceased children. The defendant sought an order capping the costs which might be claimed.
Held: In GLO cases the desirability of ensuring that costs are kept within bounds makes it unnecessary for the court to require exceptional circumstances before exercising its discretion to make a costs cap order. Any costs cap should only relate to the costs incurred in relation to generic issues. An order was made identifying limits to the separate areas. The court’s general powers of case management were sufficiently wide to encompass the making of a costs capping order both in group litigation and in other actions.

Judges:

Gage J

Citations:

[2003] EWHC 1034 (QB), Gazette 22-Apr-2004

Links:

Bailii

Statutes:

Supreme Court Act 1981 51

Jurisdiction:

England and Wales

Citing:

Cited – Davies v Eli Lilly and Co (Opren Litigation) CA 1987
The powers in the section together with the power to make orders for costs under Order 62 of the Rules of the Supreme Court included the power to make a pre-emptive order for costs.
Lord Donaldson MR said: ‘In these circumstances the judge . .
Cited – Solutia UK Limited v Griffiths CA 26-Apr-2001
The court considered issues relating to the appropriateness of the claimants instructing London solicitors in a case in which those solicitors had submitted a bill of costs totalling pounds 220,000 in connection with a claim in which their clients . .
Cited – The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom and Others QBD 17-Dec-2002
The applicant sought an advisory order from the court to interpret the meaning of United Nations Security Council resolution no 1441 with regard to steps to be taken under the resolution in the event of the failure of Iraq to comply.
Held: A . .
Cited – Home Office v Lownds (Practice Note) CA 21-Mar-2002
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate.
Held: In such . .

Cited by:

Cited – King v Telegraph Group Ltd CA 18-May-2004
The defendant appealed against interim costs orders made in the claim against it for defamation.
Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Health Professions, Costs

Updated: 22 September 2022; Ref: scu.184639

Cockburn, Regina (on The Application of) v Secretary of State for Health: Admn 29 Jul 2011

The claimant sought judicial review of the decision setting the level of pension payable to him as widower of a deceased general practitioner. He said that the amount payable would have been greater if he had been a women surviving a husband practitioner, since the regulations discounted his wife’s service before 1988.

Judges:

Supperstone J

Citations:

[2011] EWHC 2095 (Admin)

Links:

Bailii

Statutes:

National Health Service Pension Scheme Regulations 1995, European Convention on Human Rights 14

Jurisdiction:

England and Wales

Health Professions, Discrimination

Updated: 17 September 2022; Ref: scu.442438

Condliff, Regina (on The Application of) v North Staffordshire Primary Care Trust: CA 27 Jul 2011

the claimant, a morbidly obese man, made a funding request to the trust for gastric surgery. This was refused because he did not meet the trust’s policy of offering funding to people who had a body mass index which exceeded a certain level. The claimant sought judicial review of the trust’s decision on the ground, inter alia, that it had breached his right to respect for his private and family life under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The court was asked whether article 8 of the European Convention on Human Rights makes it unlawful for a Primary Care Trust (PCT) to adopt an Individual Funding Request (IFR) policy by which all such requests are to be considered and determined exclusively by reference to clinical factors.
Held: The application was dismissed. Article 8 of ECHR did not give rise to a positive duty on a statutory health care provider to consider non-clinical, social or welfare considerations wider than the comparative medical conditions and medical needs of different patients when deciding on the allocation of funding for medical treatment.
Toulson LJ said of section 3 of the 2006 Act, ‘this is a public law duty and not a direct duty owed to individual patients’.

Judges:

Maurice Kay VP, Hallett, Toulson LJJ

Citations:

[2011] EWCA Civ 910, [2012] PTSR 460, (2011) 121 BMLR 192, [2011] HRLR 38, [2011] Med LR 572, [2011] ACD 113

Links:

Bailii

Statutes:

National Health Service Act 2006 3, European Convention on Human Rights8

Jurisdiction:

England and Wales

Citing:

Appeal from – Condliff, Regina (on The Application of) v North Staffordshire Primary Care Trust Admn 7-Apr-2011
The patient sought judicial review of the decision not to fund laparoscopic gastric by-pass surgery. He said that the policy by which all such requests are to be considered and determined exclusively by reference to clinical factors, infringed his . .

Cited by:

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

Human Rights, Health Professions

Updated: 16 September 2022; Ref: scu.442230

Forge Care Homes Ltd and Others v Cardiff and Vale University Health Board and Others: CA 2 Feb 2016

The Health Trusts appealed against the quashing at first instance of the rates they were to pay for nursing care to certain residents in care homes. The Health Boards conceded, as they had done below, that they had been wrong to exclude the nurses’ stand-by time (part of (d) in para 6 above) from their calculations.
Held: Subject to that concession, the appeal succeeded. The Judge’s construction gave insufficient weight to the excepting words at the end of section 49(2). These clearly distinguished between different services provided by a nurse at a care home. It did not follow from the fact that a nurse needed to be on call at all times that everything she did while on duty was a service which needed to be provided by a registered nurse. Whether what she did fell within the definition was a factual rather than a legal question.

Judges:

Laws, Elias, Lloyd Jones LJJ

Citations:

[2016] EWCA Civ 26, [2016] PTSR 908, [2016] WLR(D) 63, [2016] PTSR 1202

Links:

Bailii, WLRD

Statutes:

Health and Social Care Act 2001 49, Care Homes (Wales) Regulations 2002 18(3)

Jurisdiction:

Wales

Citing:

Appeal from – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others Admn 11-Mar-2014
The claimant care home sought judicial review of decisions setting the rates for funded nursing care. The care homes’ challenge was on the basis that too restrictive an interpretation of ‘nursing care by a registered nurse’ had been adopted.

Cited by:

At CA – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others SC 2-Aug-2017
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 04 September 2022; Ref: scu.559516

Ezsias v North Glamorgan NHS Trust: EAT 18 Mar 2011

EAT CONTRACT OF EMPLOYMENT – Disciplinary and grievance procedure
UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
(1) An employee who has been dismissed because of the breakdown of working relationships between himself and his colleagues (irrespective of whether he had been responsible for, or had contributed to, that breakdown) had not had action taken against him because of his conduct. Accordingly, it had been open to the Employment Tribunal to rule that such disciplinary procedures as applied when allegations of misconduct were made did not have to be invoked in his case.
(2) The other issues to which the appeal related did not raise any questions of principle.

Judges:

Keith J

Citations:

[2011] UKEAT 0399 – 09 – 1803, [2007] ICR 1126, [2007] 4 All ER 940, (2011) 121 BMLR 84, [2011] IRLR 550, [2011] Med LR 251

Links:

Bailii

Statutes:

Employment Rights Act 1996 103A

Jurisdiction:

England and Wales

Citing:

See Also – Ezsias v North Glamorgan NHS Trust EAT 25-Jul-2006
EAT Employment Tribunal struck out unfair dismissal claims stating they were bound to fail. The employers had made two applications, one for a deposit to be ordered pursuant to rule 20 of the Employment Tribunal . .
See Also – Ezsias v North Glamorgan NHS Trust CA 7-Mar-2007
The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT.
Held: A claim should not be struck out where, as here, there were facts . .
Cited – Street v Derbyshire Unemployed Workers’ Centre CA 21-Jul-2004
The claimant alleged that she had been dismissed for making qualifying disclosures about her employers. The employer said that her actions had not been in good faith. The claimant answered that her motive was irrelevant. The claimant appealed . .
Cited – Skidmore v Dartford and Gravesham NHS Trust HL 22-May-2003
The disciplinary code for doctors employed by the NHS provides different procedures cases involving allegations of ‘professional conduct’ or ‘personal conduct.’ The first would involve a more judicial process, and the second a more informal . .
Cited – Perkin v St Georges Healthcare NHS Trust CA 12-Oct-2005
A senior employee had been dismissed because his manner and management style had led to a breakdown in his relationships with other members of the senior executive team. The employment tribunal had considered whether his dismissal for that reason . .
Cited – D’Sa v University Hospital Coventry and Warwickshire NHS Trust CA 18-Jun-2001
An inquiry panel had concluded that the surgeon had been guilty of professional misconduct, but had recommended that the appropriate disciplinary sanction was that the surgeon should be warned about his behaviour. The court was now asked whether at . .
Cited – Buxton v Swansea NHS Trust 27-Apr-2007
Mercantile Court, Birmingham – The surgeon appellant had been dismissed by the NHS Trust which employed him. The reason for his dismissal was described as ‘a breakdown in relations between yourself and your Consultant colleagues that is both mutual . .

Cited by:

Cited – Lockey v East North East Homes Leeds EAT 14-Jun-2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
Striking out – unfair dismissal and wrongful dismissal.
As to unfair dismissal, since (as the Employment Judge recognised) it was arguable that an . .
Lists of cited by and citing cases may be incomplete.

Employment, Health Professions

Updated: 04 September 2022; Ref: scu.430683

Agarwal v General Medical Council: PC 18 Dec 2003

(General Medical Council) Appeal from a decision of the Professional Conduct Committee of the respondent giving a direction that his name should be erased from the Medical Register, following a finding by the Committee that the appellant was guilty of serious professional misconduct.

Citations:

[2003] UKPC 87

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 02 September 2022; Ref: scu.189869

Dr Qureshi v The General Medical Council: PC 14 Jul 2003

PC (The Committee on Professional Performance of the GMC) A complaint had been made against the doctor with regard to certain areas of his practice. The committee had ordered him to undergo assessments also of other areas of his practice.
Held: Krippendorf should not be read to restrict the Committee to ordering assessments only in respect of those areas of a doctor’s practice about which complaint had been made. Some skills are central to almost any doctor’s practice, and evidence of deficiencies in one area might well suggest the need for assessmnet in others. The statute was not limited in the way suggested, and the appeal was denied.

Citations:

[2003] UKHL 56, Times 03-Sep-2003

Links:

Bailii, PC

Statutes:

Medical Act 1983 36A

Jurisdiction:

England and Wales

Citing:

Cited – Dr Manjula Krippendorf v The General Medical Council PC 24-Nov-2000
(Reasons for report) When the Committee of Professional Performance was considering the standard of professional practice of a doctor, the committee should consider his actual record of practice as disclosed from the records of his practice, and . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 02 September 2022; Ref: scu.185167

Moore, Regina (on The Application of) v Skipton Fund Ltd and Secretary of State for Health: Admn 1 Dec 2010

The claimant had contracted Hepatitis C after receiving a blood transfusion. She now challenged as unlawful the ex gratia scheme of compensation set up by the second respondent.

Judges:

Kenneth Parker J

Citations:

[2010] EWHC 3070 (Admin), [2011] Med LR 165, (2011) 117 BMLR 185

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Personal Injury

Updated: 28 August 2022; Ref: scu.427021

Khazne, Regina (on The Application of) v General Medical Council: Admn 3 Nov 2010

Applicant’s statutory appeal against the decision of the General Medical Council’s Fitness to Practice Panel, given on 26 November 2008, that (1) his fitness to practice was impaired; and (2) his name should be erased from the Medical Register.

Judges:

Burnett J

Citations:

[2010] EWHC 2962 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 28 August 2022; Ref: scu.426730

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

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

Judges:

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

Citations:

[2010] EUECJ C-62/09 – O, C-62/09

Links:

Bailii, Times

Statutes:

Directive 2001/83/EC 94

Jurisdiction:

European

Citing:

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

Health Professions

Updated: 18 August 2022; Ref: scu.414940