August 2014 Archive

New right to attend ante-natal appointments

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A change in the law gives employees the right to request time off to attend a partner’s ante-natal appointment. More …

Political Activism and the Workplace

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What approach should employers take with employees who are politically active and who, may want to take time off for campaigning, or whose political activism could in some way impact on their job? More …

Modifications to Mitchell in Denton v TH White Limited

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Following the linked appeals in Denton v TH White Ltd [2014] EWCA Civ 906, the Court of Appeal has provided further guidance on the courts' interpretation of CPR Rule 3.9 when considering applications for relief from sanctions. More …

What an ancient Egyptian will has to tell us about inheritance today

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It is an old story and yet a familiar one. Naunakhte made her will with one predominant motive: to disinherit three of her children who had not looked after her properly. More …

Karus v Scottish Legal Complaints Commission and another [2014] CSIH 59

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Court of Session: Refusing a solicitor's appeal against the Scottish Legal Complaints Commission's decision that although the normal one year time-limit had not been met there were exceptional circumstances for accepting a complaint against him for investigation, the court held that the appellant had failed to establish any material error of law by the SLCC, nor any other ground of challenge to its decision to accept the complaint for investigation. More …

Adu v General Medical Council [2014] EWHC 1946 (Admin)

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Warby J sets out carefully the considerations for judicial recusal on the basis that his consideration of the case may give rise to apparent or actual bias. More …

Professional Standards Authority v (1) General Chiropractic Council (2) Briggs (2014) [2014 EWHC 2190] (Admin)

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The Professional Conduct Committee of the General Chiropractic Council found the second respondent guilty of unacceptable professional conduct by providing chiropractic treatment to patients when registered as 'non-practising' and without having indemnity insurance. The Committee imposed a six month suspension order without provision for review. The Professional Standards Authority appealed the decision on the grounds that allegations of dishonesty had not been considered and that the sanction was unduly lenient. More …

Professional Standards Authority v (1) Health & Care Professions Council (2) Ghaffar [2014] EWHC 2723 (Admin)

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Appeal against the Health & Care Professions Council Conduct and Competence Committee's decision that Mr Ghaffar's fitness to practise was not impaired by reason of a conviction for an offence of making false representation for personal gain. The Court commented that the decision was manifestly inappropriate. More …

HK v General Pharmaceutical Council [2014] CSIH 61

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In a statutory appeal by a pharmacist, who was convicted of domestic violence offences, against a decision to remove his name from the Register of Pharmacists rather than impose some lesser sanction, the Court held that it was likely that the General Pharmaceutical Council's Fitness to Practise Committee did not consider the possibility of suspension for 12 months with an indication that that should be extended for a longer period, and on that basis the Committee's decision as to sanction was flawed. More …

Professional Standards Authority for Health and Social Care v General Pharmaceutical Council and another [2014] EWHC 2521 (Admin)

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Following the second respondent's convictions for two counts of cruelty to a child under 16, the Fitness to Practise Panel of the first respondent General Pharmaceutical Council found her fitness to practise was impaired and suspended her from the register for 12 months. More …