Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
25 September 2015
RSPCA approach to private prosecution: As crooked as a dog’s hind leg?
The RSPCA is firmly in the limelight following criticism that the charity has a heavy-handed approach to enforcement against animal cruelty. Those who raise the hue and cry say it is impossible for them to take a measured approach given the charity’s assumed responsibilities as both investigator and prosecutor. This challenge to a hitherto respected charity raises important questions as to how such bodies should operate to ensure they at all times are, and are perceived to be, fair and proportionate prosecutors.
23 September 2015
When not to commence a private prosecution
Private prosecutions offer an excellent legal remedy to those who do not have the support of the state prosecuting agencies to commence a prosecution. But if you fancy yourself as a would-be private prosecutor, be warned, there are significant risks associated with starting a prosecution which are motivated purely out of self-interest and as a means to blackmail or punish another.
22 September 2015
Case Update: Regulatory bodies cannot simply rely on delays in criminal trials to justify interim order extensions
On 17 April 2015 the High Court of Justice in Northern Ireland considered an application by the NMC to further extend an 18 month interim suspension order imposed on Nurse CN on 25 October 2012. The Court ultimately extended the Order, but the Judge commented on what future courts may require from a regulator when delays have been caused by a criminal prosecution.
15 September 2015
Case Update: PSA finds sanction of 2 year caution unduly lenient after panel did not consider all the material circumstances of social worker’s dishonesty
Professional Standards Authority v Health and Care Professions Council and Gemma Williamson [2015] EWHC 2420 (Admin)
Judgement date: 10 July 2015
Fitness to practise allegations:
A Panel (the Panel) of the Conduct and Competence Committee of the Health and Care Professions Council (HCPC) heard the disciplinary hearing against Ms Williamson (W) on 1 and 2 December 2014.
10 September 2015
The correct approach to the GMC considering complaints over 5 years’ old
A recent court decision has confirmed that no allegation against a medical practitioner should proceed further if more than five-years have elapsed since the actual date upon which the most recent events giving rise to the allegation took place, except where the General Medical Council considers it is in the public interest to do so.