Blog
From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
18 March 2015
Case Update: Panel proceeds in the absence of the practitioner, and errs in its findings on dishonesty
Lawrance v GMC [2015] EWHC 586 (Admin)
Dr L, a General Practitioner (GP) lodged an appeal pursuant to section 40 of the Medical Act 1983 (the Act) in relation to a finding by a Fitness to Practise Panel of the Medical Practitioners Tribunal Service (MPTS) that her fitness to practise was impaired by reason of misconduct. The panel struck Dr L from the medical register.
12 March 2015
Case Update: High Court holds that GMC Panel should not have found consultant ophthalmologist to be dishonest
Soni v General Medical Council [2015] EWHC 364 (Admin)
Judgment date 25th January 2015
The Appellant a consultant ophthalmologist appealed to the High Court against the decision of a Fitness to Practise Panel (the “Panel”) of the General Medical Council (the “GMC”) that his fitness to practice was impaired by reason of his misconduct relating to his receiving payment for the treatment on Trust premises of five private patients.
25 February 2015
Case Update: Appeal on the basis that counsel was so incompetent that the hearing was unjust
Nicholas-Pillai v GMC [2015] EWHC 305 (Admin)
Judgment date: 22 January 2015
In 2008 and 2009 concerns surrounding the appellant’s practice were referred to the GMC and he was invited to undergo a performance assessment. The appellant agreed to this course of action and was subsequently graded as “unacceptable” in three areas: the assessment of patients’ condition, providing or arranging treatment, and record keeping. He was found to have performed below the minimum acceptable level in simulated surgery and in the objective structured clinical examination (OSCE). His clinical performance was found to be “unacceptable” and his performance was found to be “deficient”.
18 February 2015
Case Update: High Court dismisses Pharmacist’s appeal on basis of bias and disproportionate sanction
Rasool v General Pharmaceutical Council [2015] EWHC 217 (Admin)
Judgment date: Friday 6th February 2015
Disciplinary proceedings were commenced against the appellant, Mr Rasool, following an undercover investigation by the British Broadcasting Corporation (“the BBC”) into the alleged unlawful supply of prescription-only medicines by a number of pharmacies in central London. Mr Rasool was the superintendent pharmacist at one of the pharmacies which the BBC investigated. The undercover team visited the pharmacy on four occasions between August and November 2012. Mr Rasool was the responsible pharmacist on each of those occasions. On each occasion a prescription-only medicine was supplied in exchange for money without a prescription from an approved practitioner. The footage was broadcast on television on 17th December 2012. As a result of the investigation, Mr Rasool’s actions were investigated by the GPhC and proceedings commenced.
10 February 2015
Case Update: Court Of Appeal orders rehearing following non disclosure of witness statement by the BSB
McCarthy v Visitors to the Inns of Court and Bar Standards Board [2015] EWCA Civ 12
Judgment date 20th January 2015
This case was an appeal to the Court of Appeal of the High Court’s decision not to quash the decision of the Visitors of the Inns of Court to uphold a decision of the Bar Disciplinary Tribunal (the Tribunal) in finding a barrister (DM) guilty of misconduct and disbarring him.