November 2016 Archive

Sentencing heavy goods vehicle drivers where roadside deposits have been taken

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O and P consulted Blake Morgan’s Driver Defence team as they were each facing prosecution by Kent Police for driving an articulated goods vehicle and failing to take a reduced daily rest period of at least nine consecutive hours and for using the vehicle whilst failing to use a driver card. More …

DB v DLJ [2016] EWHC324

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This case demonstrates how arbitration, which should be the end of the case, can sometimes be challenged in High Court. More …

El-Husseini v GMC [2016] EWHC 2326 (Admin)

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An appeal brought against the decision of the Medical Practitioners Tribunal Service (MPTS) outside of the statutory time limit of 28 days. The High Court considered arguments to extend the time limit based around the impact of the European Convention on Human Rights (ECHR) and the Equality Act [2010] (EQA). More …

Hindmarch v NMC [2016] EWHC 2233 (Admin)

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An appeal brought against a decision made by the NMC's Conduct and Compliance Committee. The Committee were found to have erred in finding that the appellant's failure to ensure a controlled drug had been stored securely in a care home, resulting in a patient obtaining and ingesting the medication, was misconduct which impaired her fitness to practise. More …

DB v GMC [2016] EWHC 2331 (Admin)

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It amounted to a breach of the Data Protection Act 1998 for the GMC to disclose an expert report to a patient complainant in the circumstances. The High Court provided some tentative guidance as to the factors to apply when considering whether disclosure of such reports is justified. More …