December 2014 Archive

Early Conciliation case

Posted on

In Blake Morgan's latest case report an employment judge found that an initial failure to follow the ACAS Early Conciliation ("EC") rules was not necessarily fatal to the claim being considered by the Employment Tribunal. More …

Cohabitation: An alternative remedy

Posted by on

It cannot be stated often enough that a cohabitant does not possess the same rights to a family home as a spouse upon relationship breakdown, but the recent case of Southwell v Blackburn (2014) in the Court of Appeal reminds practitioners that judiciary have discretion to order a remedy under the principle of proprietary estoppel. More …

Woodman-Smith v Architects Registration Board [2014] EWHC 3639 (Admin)

Posted on

The Appellant brought an appeal against the ARB Respondent on the grounds that the PCC had erred in its findings of UPC and sanction. The Appellant also attempted to judicially review the PCC's decision upon the ground that he had in fact resigned from the Register at the start of the proceedings. The Court refused to hear the judicial review and the appeal failed on the remaining grounds. More …

Pool v General Medical Council [2014] EWHC 3791 (Admin)

Posted on

The Fitness to Practise Panel of the General Medical Council erred in suspending the Appellant's registration for a period of three months as it had not fully considered the available sanctions, namely a condition on the Appellant's practice. More …

Hussain v General Medical Council [2014] EWCA Civ 2246

Posted on

Hussain v General Medical Council [2014] EWCA Civ 2246. The Court of Appeal dismissed an appeal against the decision of the Administrative Court, which in itself was an appeal against a decision of the Fitness to Practise Panel of the Medical Practitioners' Tribunal Service ("the Panel"). The Court of Appeal found that the appellant's fitness to practise remained impaired by reason of the misconduct they found proved against him and his lack of insight into his failings; as such, erasure was a proportionate sanction. More …

The statutory duty of candour

Posted on

Following the mid-Staffordshire inquiry, which considered the poor care and high mortality rates of patients at the Stafford Hospital, Sir Robert Francis recommended the implementation of a statutory duty of candour. More …

Openness and transparency in the NHS : the new duty of candour and fit and proper person test explained

Posted by on

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 , Regulation 5 and 20, which impose a fit and proper person’s test and duty of candour on health service bodies (i.e. NHS trusts, NHS foundation trusts and any special health authorities carrying on a regulated activity) came into force last week. More …