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Legal Updates

12 March 2014

Regulatory Press Update: March 2014

The GMC has indicated that new language checks on European doctors are expected to come into force this summer. The current legislative position is that the GMC can assess overseas doctors applying to work in the UK, but not those from other countries within the European Union (EU). The changes will require doctors from other countries within the EU to provide evidence of their English skills, or undergo a language assessment, if the GMC has concerns about his or her ability to communicate effectively with patients.

Julie Matheson

11 March 2014

Case Update: Fuglers LLP (in association with David Berens & Co), David Anthony Berens, Bryan Myer Fulger v Solicitors Regulatory Authority [2014] EWHC 179 (Admin)

High Court gives guidance on the proper process by which a Tribunal should determine sanction and the level of fine to be imposed.

11 March 2014

Case Update: The Queen on the Application of Ellen Mafico v Nursing and Midwifery Council [2014] EWHC 363

High Court dismiss nurse’s appeal on the basis that any legal misdirection by the legal assessor was not of sufficient importance to invalidate the decision of the Panel.

Sarah Harris

11 March 2014

An Exception to the Rule: Recent consideration of Adesina & Baines v Nursing and Midwifery Council [2013] EWCA Civ 818

The decision of the Court of Appeal in Adesina & Baines v Nursing and Midwifery Council [2013] EWCA Civ 818 represented a clear shift in the previously immovable time limits of regulatory appeals. 

11 March 2014

Case Update: White v Nursing and Midwifery Council and Turner v Nursing and Midwifery Council [2014] EWHC 520 (Admin)

This highly anticipated judgment from the High Court on the admissibility of anonymous hearsay evidence in professional disciplinary proceedings holds that “it is difficult to conceive of circumstances in which the admission of potentially significant evidence which is both anonymous and hearsay will not infringe the requirement of fairness” and finds that in the present cases arising from the Francis Inquiry, the evidence of anonymous members of staff was inadmissible and “should not have been relied on probatively”.

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