Blog
From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
17 April 2015
Case Update: The Court of Appeal allows Regulator’s appeal and overturns High Court decision to extend the time limit for the Registrant to issue an appeal
Nursing and Midwifery Council v Daniels [2015] EWCA Civ 225
Judgement date 20 March 2015
17 April 2015
Case Update: GMC appeal - Is dishonesty less serious if the motive and/or gain is not immediately apparent?
Alam v GMC [2015] EWHC 854 (QB)
Before Mr Justice Morgan
Background
Dr A lodged an appeal against a decision of the Fitness to Practise Panel (the Panel) of the Medical Practitioners’ Tribunal Service of the GMC pursuant to section 40 of the Medical Act 1983 that her name be erased from the medical register. Dr A’s ground for appeal was that the Panel’s determination was wrong (CPR 52.11 (3)(a)).
The Panel sat for 31 days, at the culmination of which they determined that Dr A’s fitness to practise was impaired by reason of misconduct.
1 April 2015
Case Update: a new test for dishonesty in disciplinary proceedings?
As the leading practitioner text explains ever since the Divisional Court’s decision in the case of Bryant and Bench v The Law Society [2007] EWHC 3043 (Admin) it has been settled law that the correct test to be applied in disciplinary proceedings is the two-stage test for dishonesty used in both the criminal and the civil jurisdictions, namely the R v Ghosh [1982] 1 QB 1053 and Twinsectra Limited v Yardley [2002] 2 AC 164 tests.
31 March 2015
Case Update: Committee’s findings on dishonesty quashed on the basis that the practitioner had no reason to lie in relation to a peripheral issue in the case
Radeke v General Dental Council [2015] EWHC 778 (Admin)
Dr R, a Consultant in Oral Surgery, was employed by King’s College Hospital. In 2012 a patient treated by Dr R died subsequent to surgery. Thereafter Dr R was investigated in relation to three cases.
31 March 2015
Press Round-Up: Regulatory and Professional Discipline – February - March 2015
Recent news relating to the Health and Care Professions Council (HCPC), General Medical Council (GMC), General Dental Council (GDC),Solicitors Regulation Authority (SRA) and Security Industry Authority (SIA).
