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28 November 2012

Case Update: Ministry of Justice v Parry, Employment Appeal Tribunal, 14 November 2012

EAT consider application of art 6 to internal disciplinary hearings and right to legal representation.

The appellant employer appealed the decision of an Employment Tribunal (the Tribunal) that their dismissal of Ms Parry (P) from her role as a District Probate Registrar was unfair and wrong. They appealed on five separate grounds, the most relevant for present purposes relating to the right to legal representation.

19 November 2012

Case Update: Mould v General Dental Council [2012] EWHC 3114 (Admin)

Diclofenac dispensing dentist suspended for failing to comply with conditions.

The Appellant, an experienced dentist, sought to appeal a suspension imposed at a review hearing earlier in the year. The matter was first considered by a Fitness to Practise Committee in 2011, who found that his behaviour amounted to misconduct. Particulars of the allegation included, inter alia, prescribing, dispensing and administering pain killers (diclofenac sodium or Voltarol) to patients in circumstances where it was not permitted, and failing to co-operate with the GDC’s inquiry that ensued. The FTP Committee imposed conditions on the appellant’s registration for one year, directing a review of these conditions before their expiration.

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.

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