Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
6 June 2017
Private prosecutions and the shape of things to come
Criticism of charities’ right to prosecute alleged offenders is short-sighted and ignores the nature of justice, writes Melinka Berridge.
6 June 2017
An illustration of the GMC’s enhanced ability to protect the public
General Medical Council v Jagjivan [2017] EWHC 1247 (Admin)
6 June 2017
Manifesto watch: Health and social care regulation
Regulation in health and social care has seen significant change recently, culminating in the passing of the Children and Social Work Act 2017 in April of this year. Amongst other developments, the Act provides for the creation of an entirely new regulatory body (Social Work England), focused solely on the social work field. Whilst there are a number of other political hot potatoes dominating the headlines, in the last few days before the general election we take a look at what, if anything, the parties say about their plans for the health and social care regulation sphere.
31 May 2017
Guilty pleasures – securing a reduction in sentence for guilty pleas in health & safety cases
It is fair to say that following the introduction of the sentencing guidelines in February 2016 there has not been much ‘good news’ for those who fall to be sentenced for health and safety offences. One year on and the guidelines have led not only to an overall increase in fines, but also, as my colleague Jonathan Grimes recently identified, to a wider range of possible sentencing outcomes reached by different judges in cases involving very similar facts. Robust enforcement from the Health and Safety Executive (HSE) continues, and in the opinion of my colleague Irene McMillan, can be expected to increase in future; in particular for those involved in the running and operation of very large companies.
25 May 2017
The slow death of the criminal standard in professional disciplinary proceedings
“Fairness is a constantly evolving concept. Hawkins J (Memoirs, chapter IV) recalled a defendant convicted of theft at the Old Bailey in the 1840s after a trial which lasted 2 minutes 53 seconds, including a terse jury direction: "Gentlemen, I suppose you have no doubt? I have none". Until 1898 a defendant could not generally testify on his own behalf. Such practices could not bear scrutiny today. But it is important to recognise that standards and perceptions of fairness may change, not only from one century to another but also, sometimes, from one decade to another.” Lord Bingham, R v H, R v C [2004] UKHL 3.
