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From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
31 August 2012
E-Regulator: Perry v Nursing and Midwifery Council [2012] EWCH 2275 (Admin)
A complaint was made by a female patient against the applicant, a 53 year old registered mental health nurse. As a result of the allegations, the Health Board held a Disciplinary Hearing, the outcome of which was to summarily dismiss the applicant for gross misconduct. His case was referred to the respondent Nursing and Midwifery Council (‘NMC’), who, pending a decision as to whether there was a case to answer, summoned the appellant to attend an interim orders hearing. At that hearing, the Panel stated “we are not required to weigh up evidence. All we have to be satisfied of is that, given the information in front of us, there is a prima facie case [sic] requiring consideration of an interim order”. Following the hearing, the applicant was suspended for 18 months. The applicant applied to terminate the interim order of suspension under art 31(12) of the Nursing and Midwifery Order 2011; SI 2002/253.
23 August 2012
E-Regulator: O’Connor v Bar Standards Board [2012] All ER (D) 108 (unreported)
Court overturn finding of professional misconduct by Bar Standards Board disciplinary tribunal; what does and does not amount to ‘conducting litigation’?
The appellant was a self-employed barrister who had set up a Limited Liability Partnership (LLP). In May 2011, the appellant had been found guilty of five counts of professional misconduct by the Bar Standards Board (BSB) disciplinary tribunal (the tribunal). A number of the counts related to the signing by the appellant of the statement of truth that attaches to the statement of case in proceedings.
6 August 2012
E-Regulator: R (on the application of Patel) v General Medical Council [2012] EWHC 2120 (Admin)
Had the General Medical Council acted unlawfully by failing to recognise an overseas qualification it had previously approved?
The claimant (‘P’) challenged the decision of the General Medical Council (‘GMC’) to refuse to accept his Primary Medical Qualification (‘PMQ’), obtained from the International University of Health Sciences, St Kitts and Nevis (‘IUHS’), before Hickinbottom J in the Administrative Court.
6 August 2012
E-Regulator: R. (on the application of Hill) v Institute of Chartered Accountants in England and Wales [2012] EWHC 1731 (QB)
Absence of panel member during crucial part of hearing was, whilst permissible under the relevant rules, a breach of natural justice and fairness.
The claimant in this matter (H) was a chartered accountant who had applied for judicial review of a decision by the defendant, the Institute of Chartered Accountants in England and Wales (the Institute) that had been made in the course of disciplinary proceedings...
6 August 2012
E-Regulator: Bass and Another v Solicitors Regulation Authority [2012] EWHC 2012 (Admin)
Financial penalty reduced by High Court as Solicitors Disciplinary Tribunal fail to address material question of commencement date of the 2007 Rules.
The appellants, Partners (B) in a law firm, appealed a finding that they had breached Rule 5 of the Solicitors Code of Conduct 2007 in relation to supervision of a fixed-share partner (P).
An investigation into the firm in October 2007 brought to light that P had breached the Solicitors’ Accounts Rules by billing residual clients’ accounts as profit costs without authority and transferred sums directly into the office account. No allegation of dishonesty was made against any of the parties. On discovering the breach, the Partners immediately dismissed P, repaid the monies and reported the matter to the Solicitors Regulation Authority...