BULLETIN: Professional regulatory law update - Review of August 2014

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Welcome to Blake Morgan's latest edition of the professional regulatory law update, our update of the important case law and news in the field of Professional Regulation.

The August month has been fairly quiet as expected. We have however seen the court give an important reiteration in relation to the principle of double jeopardy in disciplinary proceedings (Ashraf v GDC). We have also seen appeals against interim order determinations. The court has reminded advocates of the importance of considering the Jones criteria when applying to proceed in the absence of the registrant (Norton v BSB) and on the flip side, reminded registrants that they cannot place undue reliance upon previous decisions made at interim order review hearings for the outcome of the current hearing.

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Please click on the links to view the recent key regulatory cases and press releases.

Regulatory cases

Mohammed Ashraf v General Dental Council

[2014] EWCH 2618 (Admin) 

Ashraf v General Dental Council [2014] EWCH 2618 (Admin) (Leveson LJ, Cranson J) - The court reaffirmed that the principle of double jeopardy does not apply to disciplinary proceedings even where the registrant has been acquitted of criminal charges of a similar substance. 

>>full article

Norton v Bar Standards Board

[2014] EWHC 2681 (Admin)

The court remits a case for rehearing where the panel inappropriately decided to proceed in the absence of a registrant. The court reminds panels of the importance of dealing with each element of the Jones criteria and to reflect their decision on each element within their determination

>>full article

Muhwati v Nursing And Midwifery Council

[2014] EWHC 2549 (Admin)

The court upheld the decision of the Conduct and Competence Committee of the Nursing and Midwifery Council, namely that the appellant knew her conduct was wrong, that her account of the incident was false, and that her actions amounted to dishonesty, all of which led to the appellant being found impaired and a sanction being imposed.

>>full article

Case Summary - Bhatnagar v General Medical Council

[2014] EWCH 2562 (Admin) 

The court issues a reminder that interim order reviews are not merely a nod to previous decisions made and undue reliance should not be placed on past decisions.  Further to this, interim order committee panels are not under an obligation to provide an explanation as to why a lesser sanction is not suitable. 

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R (on the application of Hollis) v The Association of Chartered Certified Accountants

[2014] EWHC 2572 (Admin)

The court provides clarification as to the extent to which a Disciplinary Committee can rely on evidence presented in related proceedings.

>>full article

Other cases

Case Summary - R (Grace) v Secretary of State for the Home Department

[2014] EWCA Civ 1091

R (Grace) v Secretary of State for the Home Department [2014] EWCA Civ 1091 (Kay LJ, Sullivan LJ and Master of The Rolls) - The Court of Appeal considered the approach which a judge of the Administrative Court or Upper Tribunal must adopt when deciding whether an application for permission to apply for judicial review should be certified as "totally without merit".

>>full article

Press releases

Our Professional Regulatory team highlights key press releases from July 2014, including the GMC, NMC, GDC, GPhC, GOsC, GOC, ACCA, BSB, ARB, CILEx, Royal College Veterinary Surgeons, General Chiropractic Council and Care Quality Commission and more.

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People news

Our Professional Regulatory team looks at people news in the professional regulatory field during July 2014.

>>full article