Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
15 November 2012
Case Update: Obi v Solicitors Regulation Authority [2012] EWHC 3142
Court remits case back to re-constituted SDT in light of insufficient reasons.
Following investigation, a solicitor (S) had faced allegations in September 2006 before a Solicitors Disciplinary Tribunal (‘the first SDT’).
In summary, S became a fellow of Institute of Legal Executives (ILEX) in October 2002 and was admitted as a solicitor in November 2003. Prior to his admission he had been involved in a firm called Chris Dale & Co. It had been agreed as between S and a colleague (who was qualified) that although the colleague (X) was named as the sole partner of the firm, S would effectively act as a solicitor from the outset. In practice, X played almost no part in the business. S’s case was that he was funding X so that when he qualified, the business would be ready to receive him as a partner.
15 November 2012
Case Update: Solicitor Regulation Authority v Kaberry (unreported)
SRA successfully appeal decision of SDT to restore solicitor to the roll.
A solicitor (K) had faced allegations of failing to properly keep accounts and offences involving dishonesty before the Solicitors Disciplinary Tribunal (SDT). K had admitted the he had not adequately complied with the accounting rules but said that at the relevant time he was on a prescription drug which resulted in his not being in control of his actions such that he should not be considered culpable. The SDT had nonetheless ordered that he be struck off.
8 November 2012
Case Update: Agyeman v Solicitors Regulation Authority (unreported)
Court remits issue of costs back to SDT after they proceed to determine the matter in absence of solicitor.
8 November 2012
Teachers: new measures for trainees to be introduced
On 26 October, Michael Gove, Education Secretary, announced that competence in grammar and punctuation, essay writing, spelling and solving maths problems including algebra would be requirements tested as necessary precursors to qualifying as a teacher trainee
6 November 2012
Case Update: Duthie and the Nursing and Midwifery Council (2012) EWHC 3021(Admin)
Finding dishonest when it has not been pleaded.
The Appellant was a Midwife whose fitness to practise was found impaired by reason of misconduct. Her name was struck from the register.
The proceedings concerned the Appellant’s care of a woman before and during her labour, where the baby was stillborn at home. One of the key issues to be decided was whether the Appellant had dissuaded the parents from going into hospital earlier. The main charge faced by the Appellant was that she had failed to provide an appropriate standard of care for the patient and her baby.