Citations:
[2016] EWHC 1539 (Admin)
Links:
Jurisdiction:
England and Wales
Health Professions
Updated: 23 May 2022; Ref: scu.566269
[2016] EWHC 1539 (Admin)
England and Wales
Updated: 23 May 2022; Ref: scu.566269
[2016] EWHC 1881 (Admin)
England and Wales
Updated: 22 May 2022; Ref: scu.567865
[2016] EWHC 1803 (Admin)
England and Wales
Updated: 22 May 2022; Ref: scu.567861
David Foskett QC
[2006] EWHC 21 (QB)
England and Wales
Followed – Gryf-Lowczowski v Hinchingbrooke Healthcare NHS Trust QBD 2-Nov-2005
In the course of an application for an interim injunction to prevent the Defendant dismissing the Claimant until disciplinary proceedings had been completed, the Judge considered the adequacy of damages as an alternative remedy: ‘On the other hand, . .
Cited – Edwards v Chesterfield Royal Hospital NHS Foundation Trust QBD 31-Jul-2009
The claimant, a consultant surgeon had been subject to disciplinary proceedings by his employer. They were however conducted in a manner which breached his contract. The GMC had summarily dismissed the same allegations. The claimant now appealed . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 May 2022; Ref: scu.238315
[2009] UKFTT 232 (HESC)
England and Wales
Updated: 20 May 2022; Ref: scu.409203
A complaint to the General Medical Council should be heard in public unless there was some particular and pressing circumstance. Openness was required to maintain the confidence of the public in the profession, and complainants had a legitimate expectation of a public investigation. Where a practitioner continued in practice, the screeners should be reluctant to disallow continuance of a complaint where there was any doubt at all about the need to proceed.
Times 29-Jun-2000, Gazette 06-Jul-2000, [2000] EWHC Admin 361, [2000] 1 WLR 2209
Cited – Henshall v General Medical Council and others CA 13-Dec-2005
The claimant had lodged a complaint against a medical practitioner. The preliminary proceedings committee had accepted evidence from the doctor, but had not given the complainant opportunity to see it and comment upon it.
Held: the rules must . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 May 2022; Ref: scu.85265
Where information was given by a patient to the pharmacist, and he took the data, stripping out any possibility of the individual being identified, the duty of confidence which attached to the prescription was not breached by the passing on of the reduced quantity information to a third party who wished to provide a statistical analysis of the prescriptions filled.
Lord Justice Simon Brown Lord Justice Aldous And Lord Justice Schiemann
Times 18-Jan-2000, [2001] QB 423, [1999] EWCA Civ 3011
Data Protection Act 1998, Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data
England and Wales
Cited – Seager v Copydex Ltd CA 1967
Mr Seager had invented a patented carpet grip which he manufactured and marketed under the trade mark Klent. There were protracted negotiations between Mr Seager and Copydex over a proposal for Copydex to market the Klent. One of the issues in the . .
Cited – Moorgate Tobacco Co Ltd v Philip Morris Ltd (No 2) 1984
The court approved ‘the adaptation of the traditional doctrine of passing off to meet new circumstances involving the deceptive or confusing use of names, descriptive terms or other indicia to persuade purchasers or customers to believe that the . .
Cited – Coco v A N Clark (Engineers) Ltd ChD 1968
Requirememts to prove breach of confidence
A claim was made for breach of confidence in respect of technical information whose value was commercial.
Held: Megarry J set out three elements which will normally be required if, apart from contract, a case of breach of confidence is to . .
Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
Lists of cited by and citing cases may be incomplete.
Updated: 19 May 2022; Ref: scu.85219
Although the procedures set down for appealing against decisions of the Council to the Privy Council did not include provision for extensions of time for applications out of time, the inherent discretion of the judicial committee included the power to grant such an extension where the justice of the case so required.
Times 17-Oct-2000
Updated: 18 May 2022; Ref: scu.78086
Uninhabited shopping centre can constitute neighbourhood to allow new pharmacy.
Times 28-Jun-1996
National Health Service (Pharmaceutical Services) Regulations 1992
England and Wales
Updated: 16 May 2022; Ref: scu.87668
A military doctor has exemption under Crown Immunity, from liability from his failure to diagnose and treat ocular cancer properly, and the exemption applied even though the medical condition pre-existed the treatment. The cause of action lay in the failure to diagnose.
Times 08-Jun-1998
Appeal from – Derry v Ministry of Defence CA 18-Mar-1999
Where an army doctor was accused of failing to diagnose a serviceman’s ocular cancer, the negligence which caused the consequent injury was caused by the delay in a correct diagnosis, and the treatment fell within the scope of Crown Immunity. . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 May 2022; Ref: scu.79928
Schedule 1 cases: Establishments and Agencies – Variation of conditions of registration (proprietor / manager)
[2016] UKFTT 354 (HESC)
England and Wales
Updated: 15 May 2022; Ref: scu.568937
[2016] EWHC 1237 (Admin)
England and Wales
Updated: 15 May 2022; Ref: scu.564906
Stuart-Smith J
[2016] EWHC 1393 (TCC)
England and Wales
Updated: 15 May 2022; Ref: scu.565560
The court considered whether papers in a children’s case should be made available to the GMC: ‘There is obviously a high public interest, analogous to the public interest in the due administration of criminal justice, in the proper administration of professional disciplinary hearings, particularly in the field of medicine.’ ‘The balance came down in favour of production as it invariably does, save in exceptional cases.’
Thorpe LJ
[2001] EWCA Civ 2014, [2002] 1 FLR 1045
England and Wales
Appeal from – A Health Authority v X (Discovery: Medical Conduct) FD 2001
There is a compelling public interest in authorising the disclosure of documents to the General Medical Council if they ‘are or may be relevant to the General Medical Council carrying out its statutory duties to protect the public against possible . .
Appealed to – A Health Authority v X (Discovery: Medical Conduct) FD 2001
There is a compelling public interest in authorising the disclosure of documents to the General Medical Council if they ‘are or may be relevant to the General Medical Council carrying out its statutory duties to protect the public against possible . .
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.
Updated: 13 May 2022; Ref: scu.194857
The applicant appealed an order striking out her complaint of race discrimination as hopeless. She sought recognition as a veterinary surgeon. Her claim had been dismissed because, under the section the College exercised a statutory power. She asserted that the regulations gave a wide discretion to the College to exempt individuals from all or part of the qualification procedures. It was held that the discretion only applied to those who already held one or more of the qualifications which were recognised. She claimed also that the tribunal system denied her the possibility of equality of arms, and therefore a fair hearing under art 6. The EAT held that the tribunal system was designed to be informal, and Chairmen are specifically required to give assistance to lay parties. There was no breach of that right.
EAT Human Rights –
His Honour Judge J Altman
EAT/1074/98
Veterinary Surgeon (Examination of Commonwealth and Foreign Candidates) Regulations 1967 Sch para 5, Race Relations Act 1976 41
Updated: 12 May 2022; Ref: scu.168224
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 the IOC to weigh the doctor’s interests against the protection of the public. But this reservation related not to whether Article 6 applied, but to the importation of the need for proportionality.
Lord Hutton
Appeal No 78 of 2001
European Convention on Human Rights 86
England and Wales
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.
Updated: 10 May 2022; Ref: scu.242445
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 Article 6. I regard the fact that it has not been argued fully as no impediment in the way in which we must proceed in this application and whilst I do not have any deep reservations as to the applicability of the Article I would have preferred full argument being to see the exact working out of the Strasbourg jurisprudence and to identify the precise point at which, and the precise reasons why, Article 6 is engaged.’
Newman J, Brooke LJ
[2001] Lloyds Med R 539
European Convention on Human Rights 6
England and Wales
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.
Updated: 10 May 2022; Ref: scu.242444
Sullivan J
[2001] EWHC 279 Admin
England and Wales
Cited – Henshall v General Medical Council and others CA 13-Dec-2005
The claimant had lodged a complaint against a medical practitioner. The preliminary proceedings committee had accepted evidence from the doctor, but had not given the complainant opportunity to see it and comment upon it.
Held: the rules must . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 May 2022; Ref: scu.237838
[1976] Fam 185
England and Wales
Cited – F v West Berkshire Health Authority HL 17-Jul-1990
The parties considered the propriety of a sterilisation of a woman who was, through mental incapacity, unable to give her consent.
Held: The appeal succeeded, and the operation would be lawful if the doctor considered it to be in the best . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 May 2022; Ref: scu.250058
A woman went to consult the defendant, a doctor, as she thought she was pregnant and did not wish to have the child. It was common ground that she told the defendant she thought she was some three months pregnant, that she desired not to have the child and that there was talk of going to Harley Street if there was any question of terminating any pregnancy. Although she exhibited most of the classic symptoms of being pregnant the defendant apparently told her that he did not think she was. The defendant suggested that she should be fitted with a Gynekoil, an IUD, according to the defendant, because she was frightened of becoming pregnant, and according to the woman, to procure an abortion. Two days later, the coil was inserted. The following day the woman went to a police surgeon who concluded she was pregnant and would shortly miscarry which she did on the following day, the foetus being some ten weeks old. The defendant was convicted by the jury of using an instrument – the Gynekoil – with intent to procure a miscarriage, contrary to section 58 of the 1861 Act.
Held: The judge had misdirected the jury in failing to warn them of the dangers of convicting the defendant on the uncorroborated evidence of the woman – she being in law an accomplice. Sachs LJ: ‘The essential issue for the jury was, did the defendant at the time that he inserted the Gynekoil with the insertion tube know or believe that [she] was pregnant and accordingly introduce the instrument with intent to produce a miscarriage, or did he, as it was his case for the defence, think that she was not pregnant and introduce it for the purpose of allaying anxieties on her behalf as regards the future.’
Sachs LJ, Fenton Atkinson and Cusack JJ
[1969] 1 QB 541
England and Wales
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – Regina v Dhingra CC 1991
(Crown Court at Birmingham) A doctor who had fitted a patient, with an IUD was charged with an offence under section 58 of the 1861 Act. Having heard medical evidence from two consultant gynaecologists and legal argument the judge withdrew the case . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 May 2022; Ref: scu.223716
[2008] EWHC 1630 (Admin)
England and Wales
Updated: 01 May 2022; Ref: scu.270894
Gazette 26-Aug-1992, [1993] Fam 15
England and Wales
Appeal from – In Re J (A Minor) (Medical Treatment) FD 8-Jul-1992
The Court should be slow to interfere in the exercise of a bona fide clinical judgment to withdraw treatment from a patient, and may overrule a child’s wishes as to the need for medical treatment even though she expressed her wishes clearly. . .
Cited – Portsmouth NHS Trust v Wyatt and others FD 7-Oct-2004
Charlotte Wyatt was born prematurely, and depended for day to day her life on medical support. Her doctors asked to be permitted not to resuscitate her again if she needed it. Her parents asked that she be given whatever chance was available for her . .
Cited – Kent County Council v G and others HL 24-Nov-2005
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 April 2022; Ref: scu.216347
The applicants sought orders that enquiries into the activities of doctors under the Act should be held in public.
Held: The Act contained no presumption that enquiries should be in public, and the Wagstaff case created no general principle to that effect. The right to free expression did not include the right to receive from others information they were unwilling to impart. It was for the Secretary of State to make a decision in each case, and his decisions stood.
Justice Scott Baker
Times 28-Mar-2002, Gazette 23-May-2002
National Health Service Act 1977 2, European Convention on Human Rights Art 10.1
England and Wales
Cited – Regina v Secretary of State for Health, Ex Parte Wagstaff etc QBD 31-Aug-2000
The Secretary of State announced a public enquiry into the Shipman case. He did not say whether it would be a public enquiry. The bereaved families and media wanted it to be public, and contended that it had been invalidly constituted, that an . .
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 April 2022; Ref: scu.168067
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’.
Times 15-Aug-1994, Ind Summary 18-Jul-1994
National Health Serv (Pharmaceutical Services) Regulations 1992
England and Wales
Appeal from – 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. . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 April 2022; Ref: scu.88356
[2018] EWCA Civ 2027
England and Wales
Updated: 27 April 2022; Ref: scu.622323
Challenge the decision of the Dorset Clinical Commissioning Group making significant changes to the configuration of health services.
Sir Stephen Silber
[2018] EWHC 2331 (Admin)
England and Wales
Updated: 27 April 2022; Ref: scu.622274
Irwin, Hickinbottom LJJ, Sir Jack Beatson
[2018] EWCA Civ 1925, [2018] WLR(D) 556
National Health Service Act 2006 1 1C, Equality Act 2010 149(1)
England and Wales
Updated: 26 April 2022; Ref: scu.621537
The doctor had had his name erased from the medical register. After fve years the Medical Practitioner’s Tribunalhad ordered his re-instatement. The Council now appealed from that decision.
McCombe, King, Flaux LJJ
[2018] EWCA Civ 1898
England and Wales
Updated: 26 April 2022; Ref: scu.621108
The appellant doctor had been convicted of and sentenced for gross negligence manslaughter. The Medical Practitioner’s Tribunal had suspended her from practice, and on appeal the Administrative court had directed that her name be erased from the Medical Register. She now appealed.
Held: The appeal succeeded. The matter was remitted to the MPT to review the suspension.
[2018] EWCA Civ 1879
England and Wales
Updated: 26 April 2022; Ref: scu.621107
Challenge to redesignation of hospital.
Jarman QC HHJ
[2018] EWHC 2080 (Admin)
England and Wales
Updated: 25 April 2022; Ref: scu.620665
[2018] EWHC 1971 (Admin)
England and Wales
Updated: 25 April 2022; Ref: scu.620634
Dispute over procurement of children’s nursing services
[2018] EWHC 1589 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620127
Application to lift an automatic suspension on the award of a contract imposed by virtue of the claimants issuing a claim form, within the necessary time period, challenging the results of a procurement exercise for that contract in which they were unsuccessful.
Fraser J
[2018] EWHC 200 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620110
[2018] EWHC 813 (Admin)
England and Wales
Updated: 25 April 2022; Ref: scu.619911
[2018] UKFTT 336 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619764
[2018] UKFTT 338 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619765
[2018] UKFTT 337 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619763
[2018] UKFTT 333 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619761
[2018] UKFTT 266 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619759
[2018] UKFTT 242 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619758
[2018] UKFTT 335 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619762
[2018] UKFTT 259 (HESC)
England and Wales
Updated: 25 April 2022; Ref: scu.619760
[2018] EWHC 1679 (Admin)
England and Wales
Updated: 24 April 2022; Ref: scu.619006
[2018] EWHC 1660 (Admin)
England and Wales
Updated: 24 April 2022; Ref: scu.618989
[2018] EWHC 714 (Admin)
England and Wales
Updated: 24 April 2022; Ref: scu.618988
[2018] EWCA Civ 1497
England and Wales
Updated: 24 April 2022; Ref: scu.618924
The claimant said that the terms of a proposed contract for the provision of 999 call support were contrary to the requirements of the 2012 Act.
Held: The claim failed. The claimant had not interpreted the Act correctly. The Act was intended to be read more widely than proposed.
Kerr J
[2018] EWHC 1067 (Admin), [2018] WLR(D) 295
Health and Social Care Act 2012
England and Wales
Updated: 23 April 2022; Ref: scu.618120
[2018] EWHC 1359 (Admin), [2018] WLR(D) 336
National Health Service Act 2006
England and Wales
Updated: 23 April 2022; Ref: scu.618123
[2018] EWHC 1074 (Admin)
England and Wales
Updated: 23 April 2022; Ref: scu.618096
[2018] EWHC 1388 (Admin)
England and Wales
Updated: 23 April 2022; Ref: scu.618101
[2018] EWHC 1073 (Admin)
England and Wales
Updated: 23 April 2022; Ref: scu.618097
Three public authorities disputed who was to be responsible for the payment of the costs of care and treatment of a patient with substantial care needs.
Garnham J
[2018] EWHC 1136 (Admin)
England and Wales
Updated: 23 April 2022; Ref: scu.618100
European Citizens’ Initiative – Eu Financing of Activities Involving The Destruction of Human Embryos – Judgment – Institutional law – European Citizens’ Initiative – Research policy – Public health – Development cooperation – EU financing of activities involving the destruction of human embryos – Commission communication pursuant to Article 10(1)(c) of Regulation (EU) No 211/2011 – Actions for annulment – Capacity to bring legal proceedings – Challengeable act – Partial inadmissibility – Judicial review – Obligation to state reasons – Manifest error of assessment
ECLI:EU:T:2018:210, [2018] EUECJ T-561/14
European
Updated: 14 April 2022; Ref: scu.609320
The court was asked as to the extent to which the Defendant (an NHS Foundation Trust) complied with its contractual obligation to monitor whether junior doctors employed by it take their 30 minute natural breaks after approximately 4 hours’ continuous duty.
Simler DBE J
[2018] EWHC 796 (QB), [2018] WLR(D) 238
England and Wales
Updated: 13 April 2022; Ref: scu.609112
KerrJ
[2018] EWHC 758 (Admin)
England and Wales
Updated: 13 April 2022; Ref: scu.608914
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.’
Buckley J, Staughton LJ
Unreported, 19 February 1993
England and Wales
Cited – Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court Admn 10-Jun-1998
The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses.
Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.277520
A decision that a pharmacist’s move is minor can be made without reference to others.
Times 06-Mar-1995
Updated: 10 April 2022; Ref: scu.89584
An authority must act reasonably when imposing contractual terms on residential home owners whom it licensed.
Times 26-Nov-1993
Updated: 10 April 2022; Ref: scu.88415
The Dental Practice Board did not have power to suspend payments to a dentist who was under investigation for possible fraud. The wording of the regulations demonstrated an intention to protect a practitioner whose entire livelihood and reputation was under threat.
Times 06-Mar-2001
Updated: 10 April 2022; Ref: scu.88434
The General Medical Council, when they conducted a preliminary proceeding, should not, in any case involving substantial conflicts of evidence, seek itself to resolve those conflicts. To do so would be to usurp the function of the professional conduct committee. The task of the council was to act to screen out cases, not to decide them. In this case, no reasonable committee could to have been so persuaded of the accuracy of the evidence as to conclude that no question was raised for the GMC. The proceedings are not those of a criminal court, and the committee had an important regulatory and investigatory role.
Sullivan J
Times 24-Jan-2001, [2001] Lloyds Med Rep 47
Cited – Henshall v General Medical Council and others CA 13-Dec-2005
The claimant had lodged a complaint against a medical practitioner. The preliminary proceedings committee had accepted evidence from the doctor, but had not given the complainant opportunity to see it and comment upon it.
Held: the rules must . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 April 2022; Ref: scu.88469
Test of need for pharmacy; ‘necessary or desirable’ not disjunctive nor 2 method.
Times 06-May-1996
National Health Service Act 1977 42(2)(c)
Updated: 10 April 2022; Ref: scu.88358
The EC Directive does not require the publication of a list of specialist practitioners.
Independent 27-Apr-1993
Updated: 10 April 2022; Ref: scu.87980
A father may not persist with a complaint against a doctor against the wishes of the child on whose behalf the complaint was made.
Times 02-May-1994
Updated: 10 April 2022; Ref: scu.87725
Payments made by FHSA’s to doctors’ co-operatives were lawful even though they were not being made to a company limited by guarantee.
Times 15-Nov-1994
Updated: 10 April 2022; Ref: scu.87726
The Minister for Health could not be restrained from inclusion in the Consultancy Service Index of people suspected of child abuse but against whom nothing had been proved. The list was not ultra vires, and nor was it a breach of Human Rights.
Gazette 10-Feb-1999
Updated: 10 April 2022; Ref: scu.87732
Financial viability is relevant consideration when approving Nursing Home.
Times 28-Feb-1996
Registered Homes Act 1984 9(c)
Updated: 10 April 2022; Ref: scu.87618
It was proper for a professional body granting rights to practice by means of examination tests, to limit the number of attempts at such examinations. Although such a limit did operate as a restraint of trade, that restraint was justified in order to protect the public and maintain professional integrity. The maximum was not required to be imposed by statute, but it could not be said to be irrational.
Times 17-Oct-2000
Updated: 09 April 2022; Ref: scu.87545
The court considered that a failure by the district health authority to consult the community health council before closing a local hospital was unlawful.
Independent 18-Jun-1993, Times 22-Jun-1993
Updated: 09 April 2022; Ref: scu.87452
There was no need to consult local doctors when considering an additional pharmacy licence.
Times 28-Jun-1996
National Health Service (Pharmaceutical Services) Regulations 1992
Updated: 09 April 2022; Ref: scu.87458
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.
Times 02-Jun-1993, Gazette 14-Jul-1993, Independent 08-Jun-1993
Access to Health Records Act 1990
Appeal from – 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. . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.87334
Existing pharmacy services provided by a doctor’s practice was a relevant consideration in the need for a pharmacy.
Times 08-Jan-1996
Updated: 09 April 2022; Ref: scu.86908
the General Medical Council may not impose a higher standard on foreign doctors for qualification. Such a requirement is discriminatory.
Times 17-Feb-1995, Ind Summary 01-May-1995
Appeal from – Regina v General Medical Council Ex Parte Virik CA 31-Oct-1995
On registering a foreign doctor there is no test for comparison with an EU doctor. . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.86686
The Minister for Health could not be restrained from inclusion in the Consultancy Service Index of people suspected of child abuse but against whom nothing had been proved. The list was not ultra vires, and nor was it a breach of Human Rights.
Times 18-Jan-1999
Updated: 09 April 2022; Ref: scu.85483
English law had been correctly applied in GMC disciplinary proceedings even though they were heard in Scotland.
Gazette 03-Feb-1993, [1993] AC 388
Cited – Sadler v The General Medical Council PC 15-Jul-2003
(The Committee on Professional Performance of the GMC) The distinction drawn in Krippendorf between a practitioner’s current competence and past performance was not to be taken too far. The purpose of the assessment was not to punish the . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.83490
It was for the Trust employer to decide which kind of disciplinary proceedings to institute. Absent bad faith or Wednesbury unreasonableness, the employer’s decision on categorisation was final. There can be no reason otherwise to include in the contract this provision that categorisation is a matter for the trust.
Lightman J
Times 16-Oct-1995, [1995] ICR 1066
Applied – Chatterjee v City and Hackney Community Services NHS Trust ChD 1998
Unless there was some bad faith or other unreasonableness it was for the employer Health authority to categorise the conduct of which complaint was made about a doctor as either personal or professional. . .
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 . .
Not followed – Bhanot v South West London and St George’s Mental Hospital NHS Trust ChD 2000
The court considered its jurisdiction to intervene in disciplinary proceedings against a doctor, where the Trust had decided the allegation was of personal misconduct.
Held: This was an action for breach of contract and what the court was . .
Preferred – Saeed v Royal Wolverhampton Hospitals NHS Trust 2000
. .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.82837
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
Independent 23-Mar-1993, Gazette 16-Jun-1993
Nurses Midwives & Health Visitors Act 1979
England and Wales
Updated: 08 April 2022; Ref: scu.79901
[2018] UKFTT 133 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608668
[2018] UKFTT 38 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608663
[2018] UKFTT 37 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608662
[2018] UKFTT 150 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608664
[2018] UKFTT 1 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608660
[2018] UKFTT 134 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608666
[2018] UKFTT 107 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608667
[2018] UKFTT 132 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608665
[2018] UKFTT 2 (HESC)
England and Wales
Updated: 07 April 2022; Ref: scu.608661
[2017] EWHC 3619 (Fam)
England and Wales
Updated: 06 April 2022; Ref: scu.606360
The claimant a consultant anaesthetist, sought an injunction to restrain the Defendant Trust from:
a. Proceeding with its disciplinary processes in relation to the deaths of two patients under Dr Gregg’s care, pending a decision by the Crown Prosecution Service (CPS) whether to press criminal charges in relation to the deaths;
b. Ceasing to pay Dr Gregg’s salary, on the basis of an order by the Interim Orders Panel of the Medical Practitioner’s Tribunal Service, suspending his registration to practice.
[2018] EWHC 390 (QB)
England and Wales
Updated: 05 April 2022; Ref: scu.605799
[2018] EWFC B7
England and Wales
Updated: 05 April 2022; Ref: scu.605618
Mosty J
[2018] EWHC 267 (Admin)
England and Wales
Updated: 05 April 2022; Ref: scu.605606
Gloster VP CA, Sir Ernest Ryder SPT, David Richards LJJ
[2018] EWCA Civ 144
England and Wales
Updated: 05 April 2022; Ref: scu.605186
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.
Jay J
[2017] EWHC 2438 (QB), [2017] WLR(D) 640
England and Wales
Updated: 05 April 2022; Ref: scu.598438
[2018] EWHC 76 (Admin)
England and Wales
Updated: 04 April 2022; Ref: scu.604745
Jay J
[2018] EWHC 228 (Admin)
Human Medicines Regulations 2012
England and Wales
Updated: 04 April 2022; Ref: scu.604764
These proceedings raise points of principle in respect of the powers of NHS Foundation Trusts pursuant to the National Health Service Act 2006 (‘the 2006 Act’) regarding financial assistance to patients whilst they are detained pursuant to hospital orders made under the Mental Health Act 1983 (‘the 1983 Act’). In essence they raise a question about the powers or duties of NHS Foundation Trusts in circumstances where the patient receiving mental health care is or appears to be unable, for whatever reason, to fund occasional expenses.
[2018] WLR(D) 61, [2018] EWHC 126 (Admin)
England and Wales
Updated: 04 April 2022; Ref: scu.604750
Provisions Governing The Institutions – Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents held by the EMA and submitted in the context of the application for marketing authorisation for the veterinary medicinal product Bravecto – Decision to grant a third party access to the documents – Exception relating to the protection of commercial interests – No general presumption of confidentiality
ECLI:EU:T:2018:67, [2018] EUECJ T-729/15
European
Updated: 04 April 2022; Ref: scu.604730
State Aid – Health Insurance Bodies – Judgment – State aid – Health insurance bodies – Capital increase, debt repayment, subsidies and Risk Equalisation Scheme – Decision finding no State aid – Concept of State aid – Concept of undertaking and economic activity – Principle of solidarity – State supervision – Activity that is economic in nature – Competition on quality – Presence of operators seeking to make a profit – Pursuit, use and distribution of profits – Error of law – Error of assessment
ECLI:EU:T:2018:64, [2018] EUECJ T-216/15
European
Updated: 04 April 2022; Ref: scu.604719