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Regulatory Blog

1 April 2015

Case Update: a new test for dishonesty in disciplinary proceedings?

As the leading practitioner text explains ever since the Divisional Court’s decision in the case of Bryant and Bench v The Law Society [2007] EWHC 3043 (Admin) it has been settled law that the correct test to be applied in disciplinary proceedings is the two-stage test for dishonesty used in both the criminal and the civil jurisdictions, namely the R v Ghosh [1982] 1 QB 1053 and Twinsectra Limited v Yardley [2002] 2 AC 164 tests.

Katherine Tyler

31 March 2015

Case Update: Committee’s findings on dishonesty quashed on the basis that the practitioner had no reason to lie in relation to a peripheral issue in the case

Radeke v General Dental Council [2015] EWHC 778 (Admin) 

Dr R, a Consultant in Oral Surgery, was employed by King’s College Hospital. In 2012 a patient treated by Dr R died subsequent to surgery. Thereafter Dr R was investigated in relation to three cases. 

Shannett Thompson

31 March 2015

Case Update: High Court holds that NMC Panel erred in its decision making as the full gravity of the case had not been brought to their attention

The Professional Standards Authority for Health and Social Care v The Nursing and Midwifery Council, Ms Winifred Nompumelelo Jozi [2015] EWHC 764 (Admin)

The Appellant, the Professional Standards Authority for Health and Social Care (PSA), appealed to the High Court against the decision made by the Conduct and Competence Committee of the Nursing and Midwifery Council (NMC) to suspend Winifred Nompumelelo Jozi’s registration for a period of 2 months.

Clare Hastie

31 March 2015

Press Round-Up: Regulatory and Professional Discipline – February - March 2015

Recent news relating to the Health and Care Professions Council (HCPC), General Medical Council (GMC), General Dental Council (GDC),Solicitors Regulation Authority (SRA) and Security Industry Authority (SIA).

Áine Kervick

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.

Shannett Thompson

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