BULLETIN: Professional regulatory law update - Review of May 2015
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. This month's edition looks at legal developments in May 2015.
This month the professional regulatory world has received another dose of the discussion on dishonesty.
The PSA brought a successful appeal against the GMC's MPTS in Professional Standards Authority for Health and Social Care v (1) General Medical Council and (2) Parvan Kaur Uppal. Irrelevant of the success of the appeal, it was reiterated in this case that it is the judiciary's belief that not every case of dishonesty will lead to a finding of current impairment of fitness to practise. Lang J considered the authorities on impairment in her Judgment in order to support such an approach.
In Kirschner v General Dental Council the appellant dentist was successful in appealing a decision of the Professional Performance Committee that she had acted dishonestly. Mostyn J accepted her submission that the subjective element of the Ghosh/Twinsectra test had not been satisfied. Mostyn J further pondered the current authorities on dishonesty and spent some time expressing his dissatisfaction with the current 'test'.
Please click here for the Blake Morgan PRT Commentary on the Kirschner Judgment.
Please click on the links to view the recent key regulatory cases and press releases:
- Bhavsar v General Dental Council  QBD (Admin) - Judgment not yet released
- Professional Standards Authority for Health and Social Care v (1) General Medical Council and (2) Parvan Kaur Uppal  EWHC 1304 (Admin)
- Kirschner v General Dental Council  EWHC 1377 (Admin)
Our Professional Regulatory team highlights key releases from April 2015 including those from the: GPhC, GDC, BSB, ARB and the HCPC.
Our Professional Regulatory team looks at people news in the professional regulatory field during May 2015.