Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
27 February 2018
Ordinarily hard to challenge ombudsman’s decision-making marred by illegality, irrationality, procedural unfairness and pre-determination
In Miller & Another v Health Service Commissioner for England [2018] EWCA Civ 144 the Court of Appeal quashed both the ombudsman’s decision to investigate and the conclusions of that investigation. The court found that multiple forms of unlawfulness were compounded by a variety of poor adjudicative practices.
20 February 2018
SRA v Main: A distinction between upholding the law and breaking the law
On 3 January 2017, Alastair Main (‘the Respondent’) was convicted of committing two offences against a woman referred to as ‘OB’ during a Christmas Party at the London Rowing Club. He was charged with one count of sexual assault and one count of racially aggravated assault by beating. It was alleged that the Respondent lifted up OB’s skirt and repeatedly slapped her bottom in a sexual way. OB had not consented to the touching and the Respondent ‘did not reasonably believe that she was consenting.’ During the assault, the Respondent also called OB an ‘Australian Slut’ and poured beer over her.
19 February 2018
Criminal evidence disclosure in crisis – what does this mean for private prosecutors?
‘Hundreds of cases dropped over evidence disclosure failings’[1]; ‘All current rape cases to be ‘urgently’ reviewed over disclosure fears’[2]; ‘Police chief admits ‘culture problem’ with evidence disclosure’[3]; these are all headlines which have featured in the media recently following the collapse of several high profile rape trials in quick succession. It goes without saying that the disclosure process is one of the fundamental cornerstones in the criminal justice system. Ensuring the availability of all relevant information is key to safe and fair prosecutions and to proper convictions. The current crisis in disclosure is therefore a worrying one striking at the heart of public confidence in our justice system
19 February 2018
Court of Appeal considers quashed criminal convictions and disciplinary proceedings
Chief Constable of Nottingham Police v R (on the application of Trevor Gray) v Police Appeals Tribunal, Court of Appeal [2018] EWCA Civ 34
19 February 2018
When embellishing in an interview leads to detrimental consequences
A key duty under the GMC’s Good Medical Practice guidance for doctors is that of maintaining trust by acting with honesty and integrity. There is a specific duty to ‘always be honest about your experience, qualifications and current role’ (paragraph 66). In 2011, Mr Supid Sarker lied and grossly exaggerated his experience in order to secure a consultant role. In doing so he breached the duties placed upon him and put patients’ lives at risk.
