Tag: Health Professions

Southall v The General Medical Council: CA 20 Apr 2010

Citations:

[2010] EWCA Civ 407

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Southall v The General Medical Council Admn 22-May-2009
The doctor appealed against the erasure of his name from the register of medical practitioners after a finding of serious professional misconduct. There had been earlier similar findings, but based on different allegations.
Held: The doctor’s . .

Cited by:

Main appeal judgment – Southall v The General Medical Council CA 4-May-2010
The doctor had appealed against an order striking him from the register of medical practitioners. The court having decided that the order could not stand, now considered the appropriate order to make.
Held: It was appropriate to remit the . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 17 August 2022; Ref: scu.408783

Justice for Health Ltd, Regina (on The Application of) v The Secretary of State for Health: Admn 28 Sep 2016

The claimant junior doctors’ association challenged the imposition on them of new contracts of employment, on the basis that the 2006 Act gave him no power so to act, that the manner of imposition was opaque and confused, and was irrational and not based upon proper evidence.
Held: None of the challenges succeeded.
‘In determining whether a decision maker has acted irrationally the intensity of the scrutiny to be applied by a Court is context sensitive. Case law tends to suggest that the following considerations will tend to broaden the scope of the margin of appreciation: where the decision maker is taking a decision in the health field with the objective of improving patient care; where the decision adopted is prospective and precautionary (ie based upon a prediction of future benefit and where there is perceived to be a benefit in acting sooner rather than later notwithstanding uncertainties); where the decision maker has indicated a willingness and intention to review the policy as it unfolds to ensure that it is in fact working adequately and to review and modify it to address emerging problems. These sorts of considerations apply in the present case. My prima facie conclusion however is that on the basis of the evidence (of causal connection between senior staffing levels and mortality rates) there is a sufficient evidential basis upon which the Minister could rationally act. That conclusion stands alone but it is also reinforced by these other considerations, all of which apply in some measure in this case.’
Green J said that target duties in the Act: ‘(a) . . do not specify a particular or precisely defined end result as opposed to a broad aim or object and (b) their mandatory nature is diluted by the fact that they do not compel the achievement of that end result instead requiring the Secretary of State only to factor those objectives into consideration.’

Judges:

Green J

Citations:

[2016] EWHC 2338 (Admin), [2016] Med LR 599

Links:

Bailii

Statutes:

National Health Service Act 2006

Jurisdiction:

England and Wales

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.

Health Professions

Updated: 16 August 2022; Ref: scu.569628

Ellis v Kelly: 14 Nov 1860

K , who was legally qualified as a surgeon and apothecary, and registered as such under ‘The Medical Act’ was, before the time of passing of that Act’. possessed of a German medical diploma, and called himself Dr K He continued to use that description after the passing of the Act, though not registered as doctor of medicine, Held, no evidence that he had wilfully and falsely pretended to be, or taken or used the name and title of a doctor of medicine so as to render him liable to a penalty under the 40th section of that Act. On an appeal, under the 20:and 21 Vict c. 43, against the decision of justices dismissing the complaint, the appellant begins.

Citations:

[1860] EngR 1130, (1860) 6 H and N 222, (1860) 158 ER 92

Links:

Commonlii

Jurisdiction:

England and Wales

Health Professions

Updated: 30 July 2022; Ref: scu.285969

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there is no known case involving the tort of wrongful interference with a body, and that claim failed.
As to negligence, though the primary doctor-patient relationship was with the child, ‘taking consent for a post-mortem was not just an administrative matter bringing a doctor into contact with a mother. It was . . part of the continuing duty of care owed by the clinicians to the mother following the death of a child.’

Judges:

The Honourable Mr Justice Gage

Citations:

[2004] EWHC 644 (QB), Times 12-Apr-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

Links:

Bailii

Statutes:

Registration of Births and Deaths Regulations 1987 41(1), Coroners Act 1988 8(1)(b), Human Tissue Act 1961

Jurisdiction:

England and Wales

Citing:

Cited – MacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
Cited – Regina v Kelly 1999
Robbers who stole and sold preserved specimens from the Royal College of Surgeons’ collection were held rightly convicted of theft. The court considered the issue of ownership of a corpse: ‘We accept that however questionable the historical origins . .
Cited – Regina v Sharpe CCCR 1857
The defendant was charged not with theft of a corpse, but of its removal from a grave: ‘Our law recognises no property in a corpse, and the protection of the grave at common law as contradistinguished from ecclesiastic protection to consecrated . .
Cited – Dobson and Dobson v North Tyneside Health Authority and Newcastle Health Authority CA 26-Jun-1996
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being retained instead for medical research. They now . .
Cited – Pollok v Workman 1900
A widow sought damages for an unauthorised post mortem carried out on her husband. The act was alleged to have been criminal and in the nature of an action of assythment.
Held: The case was competent, but was dismissed for other reasons. . .
Cited – Regina v Vann 1851
A parent of a child who had not the means of providing for the burial of the body of his deceased child was not liable to be indicted for the misdemeanour of not providing for its burial, even though a nuisance was occasioned by the body remaining . .
Cited – Regina v Feist 1858
A master of a workhouse may have legal possssion of a body before burial, and therefore a duty to provide for its burial. . .
Cited – Regina v Gwynedd County Council ex parte B and Another 1992
The ambit of the 1980 act does not extend to regulating events arising after a child’s death. . .
Cited – Clarke v London General Omnibus Co Ltd 1906
The parent of an infant child who dies where the parent has the means to do so, has a responsibility to arrange and pay for the burial. . .
Cited – Hughes v Robertson 1930
The widow sought damages for an unauthorised autopsy carried out upon the body of her late husband. . .
Cited – Doodeward v Spence 1908
(High Court of Australia) The police seized from an exhibitor the body of a two headed still born baby which had been preserved in a bottle.
Held: An order was made for its return: ‘If, then, there can, under some circumstances, be a continued . .
Cited – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – Edmunds v Armstrong Funeral Home Ltd 1931
(Canada – Court of Appeal of the Alberta Supreme Court) A widower claimed damages for the unlawful carrying out of an autopsy on the body of the claimant’s deceased wife. The claim was dismissed by the judge at first instance on the ground that it . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Powell and Another v Boldaz and others CA 1-Jul-1997
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had . .
Cited – McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002
In deciding whether a duty of care is established the court must go to the ‘battery of tests which the House of Lords has taught us to use’, namely: ‘. . the ‘purpose’ test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the ‘assumption . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – Page v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
Cited – Bourhill v Young’s Executor HL 5-Aug-1942
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been . .
Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward. She was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – W v Essex County Council and Another HL 17-Mar-2000
A foster child was placed with a family. The child had a history of abusing other children, but the foster parents, who had other children were not told. The foster child caused psychiatric damage to the carers.
Held: It was wrong to strike . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Cited – A B and others v Tameside and Glossop Health Authority and Trafford Health Authority CA 13-Nov-1996
The choice of the telephone as a means of alerting and re-assuring people, who had received treatment from a health worker later found to be HIV+, was proper. The was no breach of a duty care, even though some people called had suffered distress: . .
Cited – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .
Lists of cited by and citing cases may be incomplete.

Damages, Health Professions, Torts – Other, Negligence

Updated: 21 July 2022; Ref: scu.194994

Kataria v Essex Strategic Health Authority: Admn 1 Apr 2004

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.

Judges:

Stanley Burnton J

Citations:

[2004] EWHC 641 (Admin), Times 16-Apr-2004, [2004] Lloyd’s Rep Med 215, (2005) 81 BMLR 179, [2004] 3 All ER 572

Links:

Bailii

Statutes:

National Health Service Act 1977 49N(7)

Jurisdiction:

England and Wales

Health Professions

Updated: 21 July 2022; Ref: scu.195128

Chatzithanasis (Free Movement Of Persons): ECJ 4 Dec 2008

Europa Directive 92/51/EEC Recognition of diplomas – Studies completed in an ‘independent study centre’ not recognised as an educational establishment in the host Member State – Optician.

Citations:

C-151/07, [2008] EUECJ C-151/07

Links:

Bailii

Statutes:

Directive 92/51/EEC Recognition of diplomas

Jurisdiction:

European

Health Professions

Updated: 21 July 2022; Ref: scu.278682

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.

Citations:

Times 02-Jun-1993, Gazette 14-Jul-1993, Independent 08-Jun-1993

Statutes:

Access to Health Records Act 1990

Jurisdiction:

England and Wales

Cited by:

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.

Litigation Practice, Health Professions

Updated: 21 July 2022; Ref: scu.87334

Regina v North West Thames Regional Health Authority and Others, ex parte Daniels (Rhys William): QBD 18 Jun 1993

The court considered that a failure by the district health authority to consult the community health council before closing a local hospital was unlawful.

Citations:

Independent 18-Jun-1993, Times 22-Jun-1993

Jurisdiction:

England and Wales

Health Professions, Judicial Review

Updated: 21 July 2022; Ref: scu.87452

Muscat v Health Professions Council: Admn 14 Nov 2008

Citations:

[2008] EWHC 2798 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 19 July 2022; Ref: scu.277934

Thompson Ltd and Another v The Bermuda Dental Board: PC 9 Jun 2008

(Bermuda)

Judges:

Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Carswell, Lord Mance, Lord Neuberger of Abbotsbury

Citations:

[2008] UKPC 33

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Cited – Marshall and Others v Deputy Governor of Bermuda and Others PC 24-May-2010
marshall_dgPC10
(Bermuda) The claimants challenged their recruitment by conscription to the Bermuda Regiment on several different grounds. The issues now were whether conscription was lawful only where volunters were insufficient, and whether the acceptance of . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Discrimination

Updated: 17 July 2022; Ref: scu.270797

London Borough of Brent v C: FD 28 Apr 2016

‘This case raises issues both as to the end-of-life treatment of a very ill child, and as to alleged breaches of rights under the European Convention on Human Rights, in relation to which damages were claimed. ‘

Judges:

Holman J

Citations:

[2016] EWHC 1335 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Human Rights, Health Professions

Updated: 09 July 2022; Ref: scu.565529

Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006

The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC.
Held: There had been very poor administration of the issue of the letter, but the failures did not assist the claimant. The core submission was that the charge having been dismissed by the committee, it was unlawful to issue the letter on the same basis: ‘the more serious a public authority’s interference with an individual’s interests, the more substantial will be the justification which the court will require if the interference is to be permitted. ‘ There was in this case a pressing need to inform the employer that 6 women had separately made accusations against the doctor, even though no convictions had followed.

Judges:

Ward LJ, Laws LJ, Longmore LJ

Citations:

Times 28-Aug-2006, [2006] EWCA Civ 989

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – Regina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
Appeal from – Dr D v The Secretary of State for Health Admn 13-Dec-2005
There had been a series of unsubstantiated allegations against the doctor of sexual abuse of patients. He challenge the issue of an Alert Letter under the 1977 Act when further allegations were made. The complainants were not capable of giving . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure) CA 8-Oct-1998
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was . .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – Regina v Local Authority and Police Authority in the Midlands ex parte LM 2000
The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an . .
Cited – Hammern v Norway ECHR 11-Feb-2003
The claimant was acquitted by a jury at trial and he then sought compensation for the period of his detention on remand. The test applied was whether ‘it is shown to be probable that he did not perform the act that formed the basis for the charge’. . .
Cited – Regina v Z (Prior acquittal) HL 22-Jun-2000
The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of . .
Cited – PG and JH v The United Kingdom ECHR 25-Sep-2001
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to . .
Cited – Regina (A) v Chief Constable of C QBD 2001
The court considered the disclosure of unproved allegations as between police forces. Police authorities had disclosed information concerning the claimant to each other and in one case to a local authority. The information related to allegations of . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights, Administrative

Updated: 07 July 2022; Ref: scu.243321

Fox v General Medical Council: PC 1960

The appeal by a doctor from the disciplinary committee of the GMC to the board of the Privy Council lies of right by the statute and the terms of statute do not limit or qualify the appeal in any way, so that the appellant is entitled to claim that it is in a general sense nothing less than a re-hearing of his case and a review of the decision. Beyond a bare statement of its findings of fact, the Disciplinary Committee does not in general give reasons for its decision as in the case of a trial in the High Court by judge alone from which an appeal by way of re-hearing lies to the Court of Appeal.
The role of such a legal assessor to the committee is restricted to advising on questions of law, and he plays no part in the decision-making process. Lord Radcliffe said: ‘There is no judge to conduct the proceedings, to direct the jury on matters of law or to sum up for them on issues of fact. Although the Disciplinary Committee has the assistance of a legal assessor at its hearing, as required by the Act, it is the President of the court and not he who is in charge of the proceedings, and his duties are confined to advising on questions of law referred to him, and to interventions for the purpose either of informing the committee of any irregularity in the conduct of their proceedings which comes to his knowledge, or of advising them when it appears to him that, but for such advice, there is a possibility of a mistake of law being made.’

Judges:

Lord Radcliffe

Citations:

[1960] 3 All ER 225, [1960] UKPC 21, [1960] 1 WLR 1017

Links:

Bailii

Statutes:

Medical Act 1956

Cited by:

Cited – Libman v The General Medical Council PC 20-Oct-1971
PC (General Medical Council) The appellant a consultant physician appealed against a finding of serious professional misconduct. He had had sexual relations with a patient, and offered to pay a sum for her . .
Cited – Sivarajah v General Medical Council PC 1964
The board considered the duty of the legal advisor to the disciplinary committee of the General Medical Council: ‘The legal assessor is, however, in no sense in the position of a judge summing up to a jury, nor is the committee’s function analogous . .
Cited – Nwabueze v General Medical Council PC 6-Apr-2000
Deliberations of the professional conduct committee hearing a case of professional conduct were in the presence of an assessor who gave advice to the committee. After returning from deliberation the assessor described the advice given, and the . .
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.

Health Professions

Updated: 06 July 2022; Ref: scu.242400

Karni v Sweden: ECHR 8 Mar 1988

(Commission) The applicant was a doctor who, on his return to Sweden, was entered on the list of those affiliated to the Social Security System which meant he could carry on a private medical practice and receive payment for treatment provided to those who might otherwise not be able to pay. New rules meant that he was removed from the list and so the investments he had made in equipment were lost and his practice closed down. The Commission decided that the loss of his affiliation did not amount to deprivation of a possession since he would, at least in theory, continue to practise with patients who would pay. But the Commission considered that ‘the vested interests in the applicant’s medical practice may be regarded as ‘possessions’ within the meaning of Article 1PI’. It said: ‘The question of affiliation to the Social Insurance system was a decisive element for the running of the practice.’

Citations:

11540/88, (1988) 55 DR 157

Links:

Bailii

Jurisdiction:

Human Rights

Cited by:

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: . .
Cited – Murungaru v Secretary of State for the Home Department and others CA 12-Sep-2008
The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health Professions

Updated: 06 July 2022; Ref: scu.242446

Goodwill v British Pregnancy Advisory Service: CA 19 Jan 1996

The doctor executed a vasectomy, and advised the plaintiff that he need no longer take contraceptive precautions.
Held: No duty fell on a doctor to advise on the possibility of the failure of a vasectomy toward possible future sexual partners of the subject of the operation. The law could not extend a duty to a possible future partner. That was a tenuous relationship.

Citations:

Independent 19-Jan-1996, Gazette 07-Feb-1996, Times 29-Jan-1996, [1996] 2 All ER 161, [1996] 1 WLR 1397

Jurisdiction:

England and Wales

Cited by:

Cited – West Bromwich Albion Football Club Ltd v El-Safty QBD 14-Dec-2005
The claimant sought damages from the defendant surgeon alleging negligent care of a footballer. The defendant argued that he had no duty to the club as employer of his patient who was being treated through his BUPA membership. It would have created . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Health Professions

Updated: 04 July 2022; Ref: scu.80916

Threlfall v General Optical Council: Admn 26 Nov 2004

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.

Judges:

Stanley Burnton J

Citations:

[2004] EWHC 2683 (Admin), Times 02-Dec-2004

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Watson v General Medical Council Admn 26-Aug-2005
The claimant said that the procedure of the fitness to practice panel was unfair in that representations had been accepted by the panel from an expert witness without him having an opportunity to challenge or comment on that evidence.
Held: . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 27 June 2022; Ref: scu.219725

Uruakpa, Regina (on the Application Of) v British Council: CA 8 Oct 2002

Application for permission to appeal a decision refusing the claimant and his wife, permission to seek judicial review of the British Council’s decision not to renew their sponsorship of the claimant.

Judges:

Laws LJ

Citations:

[2002] EWCA Civ 1742

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Health Professions

Updated: 27 June 2022; Ref: scu.217763

Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others: CA 8 Nov 2001

Application for leave to appeal.

Judges:

Mummery LJ

Citations:

[2001] EWCA Civ 1761

Links:

Bailii

Statutes:

Race Relations Act 1976 68(6)

Jurisdiction:

England and Wales

Citing:

See Also – Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others CA 8-Nov-2001
Application for leave to appeal. . .

Cited by:

See Also – Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others CA 8-Nov-2001
Application for leave to appeal. . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Health Professions

Updated: 13 June 2022; Ref: scu.201478

Council for the Regulation of Healthcare Professionals v The General Medical Council, Dr Leeper: Admn 30 Jul 2004

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.

Judges:

Mr Justice Collins

Citations:

[2004] EWHC 1850 (Admin), Times 01-Sep-2004

Links:

Bailii

Statutes:

National Health Service Reform and Health Care Professions Act 2002 29

Jurisdiction:

England and Wales

Cited by:

per incuriam – 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 CA 20-Oct-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 11 June 2022; Ref: scu.199800

AbuRomia v General Medical Council: Admn 7 Nov 2003

When hearing an appeal against a penalty imposed by the conduct committee the court could ‘only intervene if the penalty . . is disproportionate to the misconduct’ and ‘If the Committee has taken all relevant factors into account and reached a conclusion which is within a reasonable range of penalties, I cannot interfere.’

Judges:

Wall J

Citations:

[2003] EWHC 2515 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Council for the Regulation of Healthcare Professionals v General Medical Council and Dr Solanke Admn 30-Apr-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 08 June 2022; Ref: scu.187624

Walker, Regina (on the Application of) v General Medical Council: Admn 15 Aug 2003

Where a doctor sought to have lifted an extension to his suspension, the court should start from the position that the suspension was currently in place before deciding whether it needed altering. However, ‘The terms of subsection 10 indicate that the appeal to the Court is a full appeal, that is to say, the Court does not interfere on a review ground but itself decides what order is appropriate.’

Judges:

Stanley Burnton J

Citations:

[2003] EWHC 2308 (Admin)

Links:

Bailii

Statutes:

Medical Acts 1983 1(a) 41A(10)

Jurisdiction:

England and Wales

Cited by:

Cited – Sandler v General Medical Council Admn 14-May-2010
Nicol J considered the court’s jurisdiction under section 41A(10) and said: ‘Both parties agreed that the role of the Court was not confined to exercising a judicial review type jurisdiction. In other words, the power to terminate Dr Sandler’s . .
Cited – Bradshaw v General Medical Council Admn 4-Jun-2010
The doctor sought to end an order temporarily suspending his registration. He had been accused of dishonesty in his practice records, and of making false allegations against a fellow doctor. The suspension was pending the hearing. He was undergoing . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 08 June 2022; Ref: scu.187307

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 disciplinary process. The allegations were of having misled others both patients and authorities, and had been treated as personal conduct. The CA had decided that it was properly classified as professional misconduct.
Held: No public law considerations applied. The Trust made the decision, but must do so within the contract. Here, the decision was clearly flawed since the acts complained of were part of the claimant’s professional conduct. Acts committed as part of a professional practice were to distinguished from acts for which the professional practice provided opportunity.
Lord Steyn said: ‘It is common ground . . that the questions before the House must be resolved within the framework of the contract between Mr Skidmore and the trust. That is so despite the fact that a public body is involved. Prima facie therefore the position is as follows. The trust is entitled to decide what disciplinary route should be followed. That decision must, however, comply with the terms of the contract. If a non-conforming decision is taken and acted upon, there is a breach of contract resulting in the usual remedies. The only escape from this position would be if it could be shown that the parties agreed upon wording in their contract making it clear that the employer’s decision would be final thereby excluding the role of the court except, of course, in cases of bad faith or possibly the absence of reasonable grounds for the decision. There is no such provision in the present contract. It does, of course, provide that ‘It is for the authority to decide under which category a case falls’. This provision merely states the obvious: the trust must take the initial decision to commence the appropriate disciplinary procedure. It is, however, quite insufficient to exclude the normal consequences of a failure to follow the agreed contractual procedures. If there has been a breach by the trust in adopting the wrong procedure, Mr Skidmore is entitled to appropriate relief.’

Judges:

Lord Bingham of Cornhill, Lord Steyn, Lord Clyde, Lord Hutton, Lord Scott of Foscote

Citations:

[2003] UKHL 27, Times 23-May-2003, Gazette 10-Jul-2003, [2003] Lloyds Rep Med 369, (2003) 73 BMLR 209, [2003] ICR 721, [2003] IRLR 445, [2003] 3 All ER 292

Links:

House of Lords, Bailii

Statutes:

Department of Health Circular HC (90)9

Jurisdiction:

England and Wales

Citing:

Appeal from – Skidmore v Dartford and Gravesham NHS Trust CA 15-Jan-2002
The appellant was a doctor accused of lying to a patient about the details of an operation. He appealed a decision dismissing him.
Held: Such an allegation was an allegation of professional misconduct, and should have been dealt with as such, . .
Approved – Dr Mohammed Saeed v Royal Wolverhampton Hospitals NHS Trust CA 20-Dec-2000
Where disciplinary proceedings were contemplated against an employee who might be subject to alternative contractual and professional complaints procedures, the employer must look to the contract to decide which procedure was to be followed. If the . .
Cited – 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 – Regina v Secretary of State for Health, Ex parte Guirguis CA 1990
The secretary of state did not have jurisdiction to intervene in disciplinary proceedings to say whether a doctor had properly been dismissed where the allegation was of personal rather than professional misconduct. . .
Cited – Kramer v South Bedforshire Health Care Trust ChD 16-Oct-1995
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 . .
Cited – Niarchos (London) Ltd v Shell Tankers Ltd 1961
. .
Cited – West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay) CA 26-Oct-1995
An agreement giving to a ‘sole judge’ the power to make a final decision was effective, and there was no appeal from his decision. The defendant’s decision in his capacity as Convention administrator was as a final arbiter and was unreviewable.
Cited – R E Brown and others v GIO Insurance Limited CA 6-Feb-1998
A reinsurance contact provided for an excess and limit of liability to be calculated on the basis of ‘each and every loss and/or series of losses arising out of one event.’ It also provided that ‘The Reassured shall be the sole judge as to what . .
Cited – 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 . .
At EAT – F D Skidmore v Dartford and Gravesham NHS Trust EAT 22-Feb-2001
EAT Unfair Dismissal – Reason for dismissal including substantial other reason. . .

Cited by:

Appealed to – Skidmore v Dartford and Gravesham NHS Trust CA 15-Jan-2002
The appellant was a doctor accused of lying to a patient about the details of an operation. He appealed a decision dismissing him.
Held: Such an allegation was an allegation of professional misconduct, and should have been dealt with as such, . .
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 . .
Cited – Edwards v Chesterfield Royal Hospital NHS Foundation Trust CA 26-May-2010
The claimant, a consultant doctor, sought damages saying that his employer had failed to follow the contract when disciplining and dismissing him. The GMC had dismissed as unfounded the allegation on which the dismissal was based. He sought damages . .
Cited – Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust QBD 1-Aug-2011
The claimant who had been dismissed by the defendant, asked the court to find that the defendant had failed to meet its contractual obligations as to the procedure to be followed, and that therefore the court declare the dismissal void.
Held: . .
Cited – Edwards v Chesterfield Royal Hospital NHS Foundation Trust SC 14-Dec-2011
The claimant had been employed as consultant surgeon. He had been dismissed in a manner inconsistent with the extress terms of his employment contract. He sought common law damages for the manner of his dismissal. The employer appealed.
Held: . .
Cited – 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 . .
Cited – Charles Stanley and Co Ltd v Adams QBD 19-Jul-2013
The claimant stock broking firm sought to recover its uninsured losses after having paid out for what was said to have been negligent advice by the respondent, a self-employed broker working for them.
Held: The power to recover such losses . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 07 June 2022; Ref: scu.182481

Chaudhary v The Specialist Training Authority of the Medical Royal Colleges and 8 others: EAT 20 Nov 2001

EAT Race Discrimination – Jurisdiction
EAT Race Discrimination – Jurisdiction.

Judges:

His Honour Judge Peter Clark

Citations:

EAT/1410/00, [2001] UKEAT 1410 – 00 – 2011

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Cited by:

See Also – Dr H Platt, NHS Executive HQ, Department Of Health v R Chaudhary and Others, R Chaudhary and others EAT 20-Dec-2001
The Authority and other respondents appealed a refusal to strike out the applicant’s claim as an abuse of process, on the basis that other proceedings were current between the same parties at another tribunal. Abuse of process is distinct from cause . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Health Professions

Updated: 06 June 2022; Ref: scu.171606

Tehrani for Judicial Review of A Purported Decision of the United Kingdon Central Council for Nursing: SCS 25 Jan 2001

Judges:

Lord Mackay of Drumadoon

Citations:

[2001] ScotCS 19

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Tehrani v Argyll and Clyde Health Board 1989
. .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 06 June 2022; Ref: scu.169117