Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
30 July 2015
Case Update: Findings of dishonesty where dishonesty is not pleaded
Kiani v Solicitors Regulation Authority [2015] EWHC 1981 (Admin)
Judgment date: 12 June 2015
This was an appeal against a decision of the Solicitors Disciplinary Tribunal (SDT). On 8 and 9 September 2014 the appellant had appeared before the SDT facing eight allegations. Allegations 1.1 to 1.4 alleged breaches of the Solicitors Accounts Rules 1998. Broadly speaking these involved different breaches of the Rules in relation to the operation of the solicitor’s client account and in relation to keeping records of her operation of that account.
30 July 2015
Case Update: High Court confirms that disciplinary panels should not refer to findings of fact from previous investigations which could taint the panel’s findings in relation to a registrant’s fitness to practise
Doris Enemuwe v Nursing and Midwifery Council (NMC) [2015] EWHC 2081 (Admin)
Judgement Date 8 July 2015
The appellant was employed as an agency midwife, and on 14 September 2012, the appellant was working at St Thomas’ Hospital when she was assisting with the birth of Patient A’s baby, who was accompanied by her husband during the birth. All charges, with one exception, related to the appellant’s behaviour or performance in relation to the 14 September 2012 date, when she was assisting with patient A’s birth. The final charge related to the appellant taking home confidential medical records following the internal Trust investigation, which were sensitive and confidential and should not have been stored at the appellant’s home.
30 July 2015
Case Update: Can a series of non-serious misconduct findings cumulatively amount to serious misconduct that impairs a doctor’s fitness to practice?
Schodlok v General Medical Council [2015] EWCA Civ 769
Judgement date 21/7/15
On 15 February 2013 a Fitness to Practice Panel (the Panel) of the Medical Practitioners Tribunal Service (MPTS) found that Dr Schodlok (S), who at the relevant time had been working as an orthopaedic registrar in Woolwich, had been guilty of four instances of serious misconduct and six instances of misconduct which did not amount to serious misconduct.
30 July 2015
Case Update: The role of the disciplinary panel when faced with insufficient evidence
Hannah Eales considers the recent appeal of The Professional Standards Authority for Health and Social Care v The Nursing and Midwifery Council, Ms Winifred Nompumelelo Jozi [2015] EWHC 764 (Admin). She explores the role of the panel when faced with insufficient evidence, and the consequences of undercharging.
20 July 2015
Decisions, decisions: FCA shines a light on enforcement process
The Financial Conduct Authority (FCA) has recently responded to the Treasury’s 2014 review of its enforcement decision making process; its response recognises that enforcement action is an expensive and resource intensive option. The factors underpinning the FCA’s past decisions to utilise its resources to bring an enforcement action, instead of considering an alternative route, have often been relatively opaque.
