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Regulatory Blog

9 August 2019

A word of warning to Panel members on their questioning of Registrants

In the case of Beard v General Osteopathic Council [2019] EWHC 1561 (Admin) the High Court has set aside a 12 month conditions of practice order based on the issue of fairness of hearings and questioning by the Panel. In a strongly worded conclusion, it also indicated that the General Osteopathic Council (the Council) should 'hesitate long and consider very carefully whether it is appropriate' to refer the same allegations against Ms Beard (Ms B) to a differently constituted professional conduct committee.

7 August 2019

Regulatory proceedings: no longer least said, soonest mended

The Divisional Court (the Court), consisting of Lord Justice Hickinbottom and Mr Justice Butcher, considered the poignant topic of whether a fitness to practise panel can draw adverse inferences from a doctor’s failure to give evidence at a hearing in R (on the application of Kuzmin) v General Medical Council [2019] EWHC 2129 (Admin)

Shannett Thompson

19 July 2019

Failure to act as a ‘Minister of Justice’ will have costs implications for the private prosecutor

A private prosecutor and the lawyers who act on their behalf must meet the same high standards of conduct expected of a public prosecutor. The High Court has recently handed down judgement in a case where the issue of the objectivity of the private prosecutor was subject to scrutiny.  The case is a salutary reminder to the putative private prosecutor of the benefits of taking independent legal advice on the merits of their case before commencing proceedings.

Shannett Thompson

18 July 2019

Launch of the Code for Private Prosecutors

On 18 July 2019 the Private Prosecutors’ Association (the PPA) the UK’s only association for professionals with expertise in the bringing of private prosecutions, published the first Code for Private Prosecutors (the Code).  

Melinka Berridge

9 July 2019

Analysing the conclusions of the gross negligence manslaughter review

Shannett Thompson, senior associate at Kingsley Napley, considers the background to the independent review of gross negligence manslaughter and culpable homicide (review) commissioned by the General Medical Council (GMC) and highlights its key recommendations. This article was first published on Lexis®PSL Corporate Crime on 4 July 2019. 

 

Shannett Thompson

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