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25 February 2015

Case Update: Appeal on the basis that counsel was so incompetent that the hearing was unjust

Nicholas-Pillai v GMC [2015] EWHC 305 (Admin)

Judgment date: 22 January 2015

In 2008 and 2009 concerns surrounding the appellant’s practice were referred to the GMC and he was invited to undergo a performance assessment. The appellant agreed to this course of action and was subsequently graded as “unacceptable” in three areas: the assessment of patients’ condition, providing or arranging treatment, and record keeping. He was found to have performed below the minimum acceptable level in simulated surgery and in the objective structured clinical examination (OSCE). His clinical performance was found to be “unacceptable” and his performance was found to be “deficient”.

 

18 February 2015

Specialist medical practitioners - what are the requirements?

Personal Injury analysis: when can the General Medical Council (GMC) reject a medical professional's application to be registered as a specialist? Julie Norris and Lucy Williams examine the Court of Appeal's decision in GMC v Nakhla.

This article first appeared in Lexis PSL Personal Injury in December 2014, interview conducted by Alex Heshmaty

Julie Norris

18 February 2015

Case Update: High Court dismisses Pharmacist’s appeal on basis of bias and disproportionate sanction

Rasool v General Pharmaceutical Council [2015] EWHC 217 (Admin)

Judgment date: Friday 6th February 2015

Disciplinary proceedings were commenced against the appellant, Mr Rasool, following an undercover investigation by the British Broadcasting Corporation (“the BBC”) into the alleged unlawful supply of prescription-only medicines by a number of pharmacies in central London. Mr Rasool was the superintendent pharmacist at one of the pharmacies which the BBC investigated. The undercover team visited the pharmacy on four occasions between August and November 2012. Mr Rasool was the responsible pharmacist on each of those occasions. On each occasion a prescription-only medicine was supplied in exchange for money without a prescription from an approved practitioner. The footage was broadcast on television on 17th December 2012. As a result of the investigation, Mr Rasool’s actions were investigated by the GPhC and proceedings commenced.

Anna O’Carroll

13 February 2015

Professionals: are you clear on your ethical responsibilities?

Most professionals, regardless of the sector in which they operate, will be aware that they have to meet certain professional requirements, as set down by their regulatory body.  The majority of professional regulators, in addition to technical standards, prescribe ethical standards to which their members must adhere at all times.  Some standards are principles based; others are more prescriptive.  Regardless of the nature of the ethical code, it is important that the principles within the code are clear and that the regulated professional understands the standards of ethics they are to meet.

Julie Matheson

11 February 2015

Case Update: High Court considers bias, vulnerable witnesses, re-hearings and legal representation

Virdee v General Pharmaceutical Council [2015] WL 376003

Judgement date: 30 January 2015 

The Appellant qualified and registered as a pharmacist in July 2009. The Appellant was subject to Fitness to Practice proceeding before the General Pharmaceutical Council (GPhC) in respect of alleged professional misconduct between October 2009 and August 2010, when he was working as a locum at a pharmacy with Ms A, the complainant. The charges all related to complaints by Ms A of various incidents of sexual harassment and/or sexual assault at the pharmacy. The proved charges were that on four different occasions the Appellant had approached Ms A from behind and rubbed his penis against her or pushed it against her bottom, and that these approaches were sexually motivated. The Appellant was removed from the Register.

Diva Shah

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