July 2014 Archive

Professional Standard Agency for Health and Social Care v General Medical Council [2014] EWHC 1903 (Admin)

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The appellant authority appealed against a decision of the GMC's fitness to practise panel (the panel), that a psychiatrist (N) had been found not guilty of misconduct. More …

Sharma v General Medical Council [2014] EWHC 1471 (Admin)

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The appellant appealed against the decision of a fitness to practise panel's decision that he was guilty of misconduct, that his fitness to practise was impaired and to suspend him from practice for a period of 12 months. More …

Goodwin v Health and Care Professions Council [2014] EWHC 1897 (Admin)

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The appellant, biomedical scientist (BMS), was suspended by the respondent regulatory body the Health and Care Professions Council (HCPC). A panel of the Conduct and Competence Committee (CCC) of the HCPC (the panel) found that he had fallen significantly below the basic level practice across all areas of clinical bench work in the laboratory, time management and health and safety over a considerable period of time. More …

Monibi v General Dental Council [2014] EWHC 1911 (Admin)

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Patient A, being dissatisfied with the service that M, a dentist was providing referred the matter to the General Dental Council (the council), who found the allegations proved and suspended M for four months. M appealed against that determination on the grounds that the findings of fact made by the professional conduct committee (the committee) were wrong and that the suspension that was contingent upon the finding of dishonesty should be set aside. The Administrative Court held that the challenges to the committee's determination would be rejected save for the allegation that his conduct in altering two out of the five records was not dishonest and the sanction would be quashed. More …

Goodchild-Simpson v General Medical Council [2014] EWHC 1343 (Admin)

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The appellant medical doctor appealed against a decision of the fitness to practice panel (FPP) of the Medical Practitioners Tribunal Service of the General Medical Council when it decided to suspend the appellant's registration as a doctor for a period of nine months. The Administrative Court held that the decision was lawful and had been lawfully arrived at. More …

Razzaq v Financial Conduct Authority

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Our experts look at Razzaq v Financial Conduct Authority case where Mr Razzaq made a renewed application for permission to appeal the decision of the Upper Tribunal upholding a prohibition order. More …

R v Cox [2014] EWCA Crim 804

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The defendant appealed against her conviction for murder on the basis that the judge had wrongly admitted bad character evidence of three prior convictions. The Court of Appeal, Criminal Division, in dismissing the appeal, held that the prior convictions were relevant to an important matter in issue between the defendant and the prosecution, under s 101(1)(d) of the Criminal Justice Act 2003. Further, the evidence should not have been excluded pursuant to s 101(3) of the Act. In any event, there had been powerful evidence against the defendant which meant that the verdict of the jury was entirely safe. More …

Thorneycroft v Nursing and Midwifery Council [2014] EWHC 1565 (Admin)

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The appellant nurse appealed against the decision of a panel of the Conduct and Competence Committee of the respondent Nursing and Midwifery Council, finding that his fitness to practice was impaired by reason of misconduct and suspending his registration for 12 months. The Administrative Court, in allowing the appeal, held that the panel had failed to conduct a careful balancing exercise in admitting the witness statements of absent witnesses and had failed to consider their credibility or reliability. Further, the findings in respect of a third witness could not stand and the decision would be quashed with no direction for a rehearing More …

Bernadette Patricia McDaid v Nursing & Midwifery Council [2014] QBD (Admin)

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The appellant appealed against a decision striking her name off the register of midwives and nurses which had been made by the Conduct and Competence Committee of the respondent. More …

Fernando v General Medical Council [2014] EWHC 1664 (Admin)

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The Fitness to Practise Panel of the respondent General Medical Council found that the appellant doctor's fitness to practise was impaired and imposed a sanction of erasure from the medical register. The appellant appealed on the ground that the sanction was disproportionate. The Court, in dismissing the appeal, held that the panel's determination was unimpeachable. It had come to a conclusion that it had been entitled to on the evidence before it and had provided adequate reasoning for the task which it had had to discharge. More …