Professional regulators

GOC v Clarke [2018] EWCA Civ 1463

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This case provides guidance on whether and in what respect a registrant having retired can be taken into account when considering whether fitness to practise is impaired. More …

Ogunlola v NMC (Admin Court, 19 October 2016, unreported)

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The Appellant did not have strong grounds to bring an appeal and it is of note that a significant ground was instantly rejected, as it had not been pursued via the correct route. More …

Anwar and Ahmed v National College for Teaching & Leadership (1) The Secretary of State for Education (2) [2016] EWHC 2507 (Admin)

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A timely reminder for all prosecutors of their disclosure obligations, especially in proceedings where there are a number of hearings arising from the same facts. More …

R(on the application of Rothschild) v GDC [2015] EWHC 1632

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This case is significant in two respects. First, it confirms that section 40 of the Dentists Act 1984, which precludes unregistered persons (which encompasses suspended dentists) from receiving payment for dentistry carried out by other people, does not preclude suspended or erased owners of dental practices from engaging locums to ensure continuing care for their patients. The only restriction is on them earning money for doing so. More …

Wisniewska v NMC [2016] EWHC 2672 (Admin)

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This decision serves as a reminder not only that fitness to practise committees must ensure that they take all relevant matters into account at the appropriate stage, but also that they must show that they have done so in their reasoning. 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 …

Case Summary - Kimmance v General Medical Council [2016] EWHC 1808 (Admin)

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A case that reminds regulators of the importance of ensuring allegations reflect the available evidence and acting fairly but is also a stark reminder of the danger of registrants not attending their disciplinary hearing (echoing Burrows v GPhC) and the importance of regulators informing them of the consequences of non-attendance. More …

Case Summary – Solicitors' Regulation Authority v Manak and Dhillon [2016] EWHC 1914 (Admin)

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An appeal against a strike out decision by the Solicitors Disciplinary Tribunal ("SDT"). The strike out decision was made by the SDT on the ground that the respondents were unable to understand the cases they had to meet and that to proceed would have been an abuse of process. More …