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Legal Updates

19 November 2012

Charges* in Healthcare Professional Regulation

The allegation in Fitness to Practise (FTP) proceedings is often made up of different heads of charge or particulars which form the factual matrix underpinning the overarching allegation of impairment. It is the
allegation of impairment and not the separate pleaded incidents that constitute the allegation against the Registrant.

16 November 2012

Case Update: Dr Peter Spencer and General Osteopathic Council [2012] EWHC 3147 (Admin)

High Court considers meaning and application of ‘unacceptable professional conduct’.

The appellant, Dr Peter Spencer, successfully appealed a finding of unacceptable professional conduct made by the Professional Conduct Committee (PCC) of the respondent Council. 

16 November 2012

Case Update: Hussain v GMC [2012] EWHC 2991 (Admin)

The Interim Orders Panel (IOP) of the General Medical Council (GMC) was not entitled to continue an interim conditional registration order on the grounds of public protection once it emerged that there were no public protection allegations being placed before the Fitness to Practise Panel.

15 November 2012

Case Update: Ajala v Nursing and Midwifery Council [2012] EWHC 2976

Court upholds suspension of nurse convicted of dishonesty offences.

A nurse (N) pleaded guilty on 1st October 2010 to two offences of dishonesty: the first of being in possession of an identity document with the intention of using it for establishing a registerable fact about yourself, contrary to the Identity Cards Act; and secondly, an offence contrary to the Fraud Act. In short, N had opened a mail collection account at a post office using false identification. Over the next 4-5 days she collected various letters from said sorting office which had included assorted documents in the names of other individuals, including a bank card and driving licence.

15 November 2012

Case Update: Obi v Solicitors Regulation Authority [2012] EWHC 3142

Court remits case back to re-constituted SDT in light of insufficient reasons.

Following investigation, a solicitor (S) had faced allegations in September 2006 before a Solicitors Disciplinary Tribunal (‘the first SDT’).  

In summary, S became a fellow of Institute of Legal Executives (ILEX) in October 2002 and was admitted as a solicitor in November 2003. Prior to his admission he had been involved in a firm called Chris Dale & Co. It had been agreed as between S and a colleague (who was qualified) that although the colleague (X) was named as the sole partner of the firm, S would effectively act as a solicitor from the outset. In practice, X played almost no part in the business. S’s case was that he was funding X so that when he qualified, the business would be ready to receive him as a partner.

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