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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
Last month, Barrister Mark Smith was found guilty of professional misconduct and suspended from practice for one month for failing to advise his client about the risks of bringing a private prosecution The finding by the Bar Disciplinary Tribunal serves as a stark reminder of the importance of the prosecuting lawyer having a full and frank discussion with their client about the prospects of success before commencing a private prosecution. As explained in our previous blog, whilst private prosecutions offer an excellent legal remedy, they are typically subject to greater scrutiny than public prosecutions and lawyers who run these cases must take care to ensure they explain the risks, as well as the rewards, to their clients.
Prospective doctors and other healthcare professionals are held to a high standard, and must act in a manner which is congruent with the standards applicable to their profession at all times. Shannett Thompson and Eguono Ogueh share their view on the the High Court's dismissal of the former medical student’s appeal to ‘clear his name’.
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This decision is one that regulatory lawyers like me have been waiting for. On 25 and 26 July 2018, the Court of Appeal considered Dr Bawa-Garba’s appeal against erasure from the medical register. The appeal followed the General Medical Council’s use of its power under section 40 of the Medical Act 1983, which led the High Court to review the decision of the Medical Practitioners Tribunal which considered Dr Bawa-Garba’s case, imposing a suspension.
Following the Grenfell Tower tragedy, the Government commissioned a report to make recommendations on the future regulatory system covering high rise and complex buildings. In her final report (‘Building a Safer Future, Independent Review of Building Regulations and Fire Safety: Final Report’), published in May 2018, Dame Hackitt called for major reform and a change of culture, making clear that the current system is not fit for purpose.
If you’re in any way involved in the world of professional regulation it can’t have escaped your attention that the definition of what may constitute a lack of integrity has recently been defined, and arguably widened, by the Court of Appeal.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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