Tag: Health Professions

Regina v Dental Practice Board, ex parte Z and Another: QBD 6 Mar 2001

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.

Citations:

Times 06-Mar-2001

Jurisdiction:

England and Wales

Health Professions

Updated: 05 June 2022; Ref: scu.88434

Regina v General Medical Council, ex parte Richards: QBD 24 Jan 2001

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.

Judges:

Sullivan J

Citations:

Times 24-Jan-2001, [2001] Lloyds Med Rep 47

Jurisdiction:

England and Wales

Cited by:

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.

Health Professions

Updated: 05 June 2022; Ref: scu.88469

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 contract this provision that categorisation is a matter for the trust.

Judges:

Lightman J

Citations:

Times 16-Oct-1995, [1995] ICR 1066

Jurisdiction:

England and Wales

Cited by:

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.

Employment, Health Professions

Updated: 04 June 2022; Ref: scu.82837

Dr (Mrs) U A Uruakpa v Royal College of Veterinary Surgeons: EAT 18 Jun 2001

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 –

Judges:

His Honour Judge J Altman

Citations:

EAT/1074/98

Statutes:

Veterinary Surgeon (Examination of Commonwealth and Foreign Candidates) Regulations 1967 Sch para 5, Race Relations Act 1976 41

Jurisdiction:

England and Wales

Human Rights, Discrimination, Health Professions, Employment

Updated: 04 June 2022; Ref: scu.168224

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 chairman announced his decision.
Held: This infringed the right under article 8 of the doctor to a fair trial since he was not allowed to comment on the advice given. Allegations which were irrelevant to the doctor’s practice should be deleted from the charge list presented. As to the lay member’s presence on the Professional Conduct Committee of the General Medical Council, Lord Hope of Craighead said: ‘From this summary it can be seen that Mrs. Walker was and is eminently well qualified to sit on the Professional Conduct Committee as one of its lay members. She brought to that membership an extensive knowledge of the health service in Wales, as a result of having worked there for many years as ~ nurse and midwife and her period of service as director of the South East Wales Institute. It is in the public interest that those who serve as lay members on disciplinary bodies of this kind should be well-informed and have experience of working in the area within which cases are likely to arise on which they may be called upon to adjudicate. It could not possibly be suggested that there was anything in Mrs. Walker’s general background that would be likely to give rise to the danger or possibility of bias on her part when she was considering a case from Wales.’

Judges:

Lord Hope of Craighead

Citations:

Times 11-Apr-2000, [2000] UKPC 16, (Appeal No 21 of 1999), [2000] 1 WLR 1760

Links:

Bailii, PC, PC

Statutes:

Medical Act 1983, European Convention on Human Rights 8

Citing:

Cited – 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 . .

Cited by:

Cited – Flaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .
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, Human Rights, Natural Justice

Updated: 01 June 2022; Ref: scu.159404

Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: Admn 18 Jul 1997

The applicant complained of having been struck off the register of nurses. He said that when he told the court that he wanted to appeal he was sent forms appropriate for a judicial review. He amended and submitted them. In correcting him, the court office again misled him.
Held: The court was unable to extend the time for filing the original appeal, but could treate the original document as an appeal and extend time for service.

Judges:

Scott Baker J

Citations:

[1997] EWHC Admin 704

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Low v Secretary of State for Wales 1993
Where a Notice of Motion was correctly addressed and was received in time in the Central Office, but then subsequently out of time in the Crown Office, it would be treated as having been constructively entered in the time in the Crown Office. . .
Cited – Mendip District Council v Secretary of State for the Environment and Castle Housing Society Limited 1993
The parties disputed what constituted an application under section 288 of the 1990 Act.
Held: Though the time limit for filing an application was absolute, a discretion remained with the court to allow subsequent service out of time in the . .

Cited by:

See also – 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 . .
See Also – Balamoody v UKCC for Nursing Midwifery and Home Visitors EAT 15-Oct-1999
The claimant had complained that a decision of the respondent to cancel his nursing home registration was unlawful racial discrimination. He now appealed a decision to strike out his claim as vexatious and frivolous.
Held: It was not clear . .
See Also – Balamoody v UkCC for Nursing Midwifery and Home Visitors EAT 5-Dec-2000
The claimant’s claim of unlawful race discrimination had been dismissed as an abuse of process by the EAT. The Tribunal now considered whether the EAT had power to make such a decision.
Held: The 1993 Regulations were more generous to . .
See Also – Balamoody v United Kingdom Central Council for Nursing CA 14-May-2001
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Litigation Practice

Updated: 26 May 2022; Ref: scu.137649

Regina v Secretary of State for Health, ex parte C: QBD 10 Feb 1999

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.

Citations:

Gazette 10-Feb-1999

Jurisdiction:

England and Wales

Health Professions

Updated: 26 May 2022; Ref: scu.87732

Kircher v Hillingdon Primary Care Trust: QBD 13 Jan 2006

Judges:

David Foskett QC

Citations:

[2006] EWHC 21 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 by:

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.

Employment, Health Professions

Updated: 21 May 2022; Ref: scu.238315

Regina v The General Medical Council, ex parte Arpad Toth, Dr David Jarman Interested Party: QBD 29 Jun 2000

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.

Citations:

Times 29-Jun-2000, Gazette 06-Jul-2000, [2000] EWHC Admin 361, [2000] 1 WLR 2209

Links:

Bailii

Cited by:

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.

Human Rights, Health Professions

Updated: 19 May 2022; Ref: scu.85265

Regina v Department of Health, Ex Parte Source Informatics Ltd: CA 21 Dec 1999

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.

Judges:

Lord Justice Simon Brown Lord Justice Aldous And Lord Justice Schiemann

Citations:

Times 18-Jan-2000, [2001] QB 423, [1999] EWCA Civ 3011

Links:

Bailii

Statutes:

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

Jurisdiction:

England and Wales

Citing:

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 by:

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.

Intellectual Property, Health Professions, Information

Updated: 19 May 2022; Ref: scu.85219

Bainton v General Dental Council: PC 17 Oct 2000

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.

Citations:

Times 17-Oct-2000

Health Professions

Updated: 18 May 2022; Ref: scu.78086

Derry v Ministry of Defence: QBD 8 Jun 1998

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.

Citations:

Times 08-Jun-1998

Statutes:

Crown Proceedings Act 1947

Cited by:

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.

Professional Negligence, Health Professions, Armed Forces

Updated: 15 May 2022; Ref: scu.79928

A Health Authority v X (Discovery: Medical Conduct): CA 2001

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.’

Judges:

Thorpe LJ

Citations:

[2001] EWCA Civ 2014, [2002] 1 FLR 1045

Jurisdiction:

England and Wales

Citing:

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 . .

Cited by:

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.

Health Professions, Children

Updated: 13 May 2022; Ref: scu.194857

Choudhary v General Medical Council: PC 2001

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.

Judges:

Lord Hutton

Citations:

Appeal No 78 of 2001

Statutes:

European Convention on Human Rights 86

Jurisdiction:

England and Wales

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: . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights

Updated: 10 May 2022; Ref: scu.242445

Madan v General Medical Council: Admn 2001

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.’

Judges:

Newman J, Brooke LJ

Citations:

[2001] Lloyds Med R 539

Statutes:

European Convention on Human Rights 6

Jurisdiction:

England and Wales

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: . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights

Updated: 10 May 2022; Ref: scu.242444

Regina v General Medical Council, ex parte McNicholas: Admn 2001

Judges:

Sullivan J

Citations:

[2001] EWHC 279 Admin

Jurisdiction:

England and Wales

Cited by:

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.

Health Professions

Updated: 10 May 2022; Ref: scu.237838

In re D (A Minor) (Wardship: Sterilisation): 1976

Citations:

[1976] Fam 185

Jurisdiction:

England and Wales

Cited by:

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.

Torts – Other, Health Professions

Updated: 07 May 2022; Ref: scu.250058

Regina v Price (Herbert): CACD 1989

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.’

Judges:

Sachs LJ, Fenton Atkinson and Cusack JJ

Citations:

[1969] 1 QB 541

Jurisdiction:

England and Wales

Cited by:

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.

Crime, Health Professions

Updated: 06 May 2022; Ref: scu.223716

In Re J (A Minor) (Child in Care: Medical Treatment): CA 26 Aug 1992

Citations:

Gazette 26-Aug-1992, [1993] Fam 15

Jurisdiction:

England and Wales

Citing:

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 by:

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.

Children, Health Professions

Updated: 30 April 2022; Ref: scu.216347

Regina (Howard and Another) v Secretary of State for Health: QBD 15 Mar 2002

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.

Judges:

Justice Scott Baker

Citations:

Times 28-Mar-2002, Gazette 23-May-2002

Statutes:

National Health Service Act 1977 2, European Convention on Human Rights Art 10.1

Jurisdiction:

England and Wales

Citing:

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.

Administrative, Health Professions, Human Rights

Updated: 28 April 2022; Ref: scu.168067

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’.

Citations:

Times 15-Aug-1994, Ind Summary 18-Jul-1994

Statutes:

National Health Serv (Pharmaceutical Services) Regulations 1992

Jurisdiction:

England and Wales

Cited by:

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.

Health Professions

Updated: 28 April 2022; Ref: scu.88356

Hinsull, Regina (on The Application of) v NHS Dorset Clinical Commissioning Group: Admn 5 Sep 2018

Challenge the decision of the Dorset Clinical Commissioning Group making significant changes to the configuration of health services.

Judges:

Sir Stephen Silber

Citations:

[2018] EWHC 2331 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 27 April 2022; Ref: scu.622274

The Pharmaceutical Services Negotiating Committee and Another, Regina (on The Application of) v The Secretary of State for Health: CA 23 Aug 2018

Judges:

Irwin, Hickinbottom LJJ, Sir Jack Beatson

Citations:

[2018] EWCA Civ 1925, [2018] WLR(D) 556

Links:

Bailii, WLRD

Statutes:

National Health Service Act 2006 1 1C, Equality Act 2010 149(1)

Jurisdiction:

England and Wales

Health Professions, Discrimination

Updated: 26 April 2022; Ref: scu.621537

General Medical Council v Chandra: CA 13 Aug 2018

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.

Judges:

McCombe, King, Flaux LJJ

Citations:

[2018] EWCA Civ 1898

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 26 April 2022; Ref: scu.621108

Bawa-Garba v The General Medical Council and Others: CA 13 Aug 2018

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.

Citations:

[2018] EWCA Civ 1879

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 26 April 2022; Ref: scu.621107

Lancashire Care NHS Foundation Trust and Another v Lancashire County Council: TCC 8 Feb 2018

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.

Judges:

Fraser J

Citations:

[2018] EWHC 200 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 25 April 2022; Ref: scu.620110

Shepherd (on Behalf of 999 Call NHS), Regina (on The Application of) v National Health Service Commissioning Board: Admn 15 May 2018

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.

Judges:

Kerr J

Citations:

[2018] EWHC 1067 (Admin), [2018] WLR(D) 295

Links:

Bailii

Statutes:

Health and Social Care Act 2012

Jurisdiction:

England and Wales

Health Professions

Updated: 23 April 2022; Ref: scu.618120

Wolverhampton Council, Regina (on The Application of) v South Worcestershire Clinical Commissioning Group Shropshire: Admn 26 Mar 2018

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.

Judges:

Garnham J

Citations:

[2018] EWHC 1136 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Health Professions

Updated: 23 April 2022; Ref: scu.618100

One of Us and Others v Commission: ECFI 23 Apr 2018

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

Citations:

ECLI:EU:T:2018:210, [2018] EUECJ T-561/14

Links:

Bailii

Jurisdiction:

European

Health Professions

Updated: 14 April 2022; Ref: scu.609320

Hallett v Derby Hospitals NHS Foundation Trust: QBD 19 Apr 2018

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.

Judges:

Simler DBE J

Citations:

[2018] EWHC 796 (QB), [2018] WLR(D) 238

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Health Professions, Employment

Updated: 13 April 2022; Ref: scu.609112

Regina v The Professional Conduct Committee of the United Kingdom Central Council ex parte Wood and Thompson: Admn 19 Feb 1993

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.’

Judges:

Buckley J, Staughton LJ

Citations:

Unreported, 19 February 1993

Jurisdiction:

England and Wales

Cited by:

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.

Health Professions

Updated: 12 April 2022; Ref: scu.277520

Regina v Pharmaceutical Society of Great Britain, Ex Parte Mahmood and Another: QBD 17 Oct 2000

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.

Citations:

Times 17-Oct-2000

Statutes:

Pharmacy Act 1954 16

Health Professions, Education

Updated: 09 April 2022; Ref: scu.87545

Regina v General Medical Council Ex Parte Virik: QBD 17 Feb 1995

the General Medical Council may not impose a higher standard on foreign doctors for qualification. Such a requirement is discriminatory.

Citations:

Times 17-Feb-1995, Ind Summary 01-May-1995

Cited by:

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.

Discrimination, Health Professions

Updated: 09 April 2022; Ref: scu.86686

McAllister v General Medical Council: PC 3 Feb 1993

English law had been correctly applied in GMC disciplinary proceedings even though they were heard in Scotland.

Citations:

Gazette 03-Feb-1993, [1993] AC 388

Cited by:

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.

Health Professions, Scotland

Updated: 09 April 2022; Ref: scu.83490

Dennis v UK Central Council for Nursing Midwifery and Health Visiting: QBD 23 Mar 1993

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

Citations:

Independent 23-Mar-1993, Gazette 16-Jun-1993

Statutes:

Nurses Midwives & Health Visitors Act 1979

Jurisdiction:

England and Wales

Health Professions

Updated: 08 April 2022; Ref: scu.79901

Gregg v North West Anglia NHS Foundation Trust: QBD 27 Feb 2018

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.

Citations:

[2018] EWHC 390 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 05 April 2022; Ref: scu.605799