Mental Health, Clinical Negligence and the Illegality Defence

Ecila Henderson v Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 In Ecila Henderson v Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence. The Claimant — a…

GMC Not Bound by Erroneous First Instance Concession on Appeal

General Medical Council v Zafar [2020] EWHC 246  This article originally appeared in Issue 6 (September 2020). In General Medical Council v Zafar [2020] EWHC 246 a Divisional Court of the High Court affirmed two propositions: one surprising, one not. Unsurprisingly, the court affirmed the proposition that doctors who prepare…

The Death of the Right to Silence in Regulatory Proceedings?

Kuzmin v GMC [2019] EWHC 2129 (Admin)  Sanusi v GMC [2019] EWCA Civ 1172  This article originally appeared in Issue 3 (November 2019). Two recent cases have important consequences for regulated professionals who fail to participate in regulatory hearings. In Kuzmin v GMC [2019] EWHC 2129 (Admin) the issue was…