Regulatory, Compliance and Prosecutions

Raychaudhuri v GMC and PSA [2018] EWCA Civ 2027

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Court of Appeal confirms the Medical Practitioners Tribunal findings that a doctor had not acted dishonestly. More …

B v General Medical Council [2018] EWCA Civ 1497

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This case gives important clarity to data controllers in confirming the correct test to be applied when considering a Subject Access Requests in "mixed data" cases. More …

General Medical Council v Shekhar Chandra [2018] EWCA Civ 1898

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This case emphasises the importance of the overriding objective and confirms the test to be applied in restoring doctor's to the register. The Court of Appeal's judgement also provides a great deal of guidance in terms of the application of the test, particularly regarding the considerations and reasoning of tribunals and courts in doing so. More …

SFO v Eurasian Natural Resources Corporation [2018] EWCA Civ 2006

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The effect of Andrews J's judgment had been to effectively reduce almost to vanishing point the protection afforded by litigation privilege in circumstances where an organisation undertakes an internal investigation to establish whether or not a criminal offence may have been committed and how best to respond to a potential criminal investigation. More …

Bawa-Garba v General Medical Council [2018] EWCA Civ 1879

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Yesterday the Court of Appeal unanimously allowed Dr Bawa-Garba's appeal and set aside the sanction of erasure, restoring the original order of the Medical Practitioners Tribunal ("The Tribunal") that she be suspended for 12 months. More …

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 …