Posted inIssue 14 Regulatory

GMC’s ‘Neither Confirm nor Deny’ Policy with Respect to Groundless Complaints Wins Support in the Upper Tribunal

GMC’s ‘Neither Confirm nor Deny’ Policy with Respect to Groundless Complaints Wins Support in the Upper Tribunal Jasper Gold Myhill v (1) The Information Commissioner and (2) The General Medical Counsel References to paragraphs in the judgment in square brackets  Introduction In Myhill, Upper Tribunal Judge West heard an appeal…
September 20, 2023Posted inIssue 14, Regulatory
Posted inIssue 11 Regulatory

Lessons in dishonesty

GMC v Armstrong [2021] EWHC 1658 (Admin) Bakare v GMC [2021] EWHC 3278 (Admin) The Professional Standards Authority v (1) GDC & (2) Amir [2021] EWHC 3230 (Admin) Are there lessons to be learned from three recent High Court decisions concerning allegations of dishonesty? It is instructive that the cases…
May 24, 2022Posted inIssue 11, RegulatoryTags:
Posted inIssue 11 Regulatory

Dishonesty and Denial – Part 2

Ahmedsowida v General Medical Council [2021] EWHC 3466 Sawati v General Medical Council [2022] EWHC 283 I wrote last year about developments in the guidance given by the High Court in cases of professional regulation on the effect on sanctions of unsuccessful denials of dishonesty (link here). The issue continues…
May 24, 2022Posted inIssue 11, RegulatoryTags:
Posted inIssue 10 Regulatory

Departure from the GMC Sanctions Guidance

General Medical Council v Bramhall [2021] EWHC (2109) (Admin) In a series of acts referred to by HHJ Farrer QC as “conduct borne of professional arrogance of such magnitude that it strayed into criminal behaviour”, Mr Bramhall used an argon beam cauterising tool to sign his initials on the livers…
January 24, 2022Posted inIssue 10, RegulatoryTags:
Posted inIssue 9 Regulatory

Dishonesty and Denial

Towuaghantse v GMC [2021] EWHC 681 (Admin) Al Nageim v General Medical Council [2021] EWHC 877 (Admin) The steady stream of appeals to the High Court from the Medical Practitioners Tribunal (“MPT”) against findings of dishonesty shows no sign of abating. Two recent cases have produced and illustrated guidance suggesting…
July 5, 2021Posted inIssue 9, RegulatoryTags: ,
Posted inIssue 9 Regulatory

A Review of Recent Regulatory Decisions

R (on the application of Young) v General Medical Council [2021] EWHC 534 (Admin) Haris v General Medical Council [2021] EWCA Civ 763 Bux v General Medical Council [2021] EWHC 762 (Admin) Gupta v Northampton Hospital Trust [2021] EWHC 965 (QB) During the pandemic, the public’s gratitude to the medical…
July 5, 2021Posted inIssue 9, RegulatoryTags:
Posted inIssue 9 Regulatory

Section 40 Appeals and Deference to the MPT

(1) Sastry (2) Okpara v General Medical Council [2021] EWCA Civ 623 The Court of Appeal heard two second appeals challenging orders made by the Administrative Court dismissing their appeals under section 40 of the Medical Act 1983 (‘the 1983 Act’).   In each case permission to appeal was granted by…
July 5, 2021Posted inIssue 9, RegulatoryTags:
Posted inIssue 6 Regulatory

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…
September 1, 2020Posted inIssue 6, RegulatoryTags:
Posted inIssue 5 Regulatory

Professional Regulation

(1) General Medical Council (2) Professional Standards Authority for Health & Social Care v Asef Zafar [2020] EWHC 846  This article originally appeared in Issue 5 (May 2020). The Divisional Court substituted a sanction of erasure for a 12 month suspension in this appeal by the GMC and PSA arising…
May 1, 2020Posted inIssue 5, RegulatoryTags:
Posted inIssue 5 Regulatory

When Side-Stepping the Agreed Contractual Disciplinary Procedure will be in Breach of Contract

Smo v Hywel Dda University Health Board [2020] EWHC 727  This article originally appeared in Issue 5 (May 2020). The Claimant, a consultant colorectal surgeon, was subject to disciplinary proceedings in respect of conduct and his approach to clinical practice pursuant to "Upholding Professional Standards in Wales" (UPSW) closely modelled…
May 1, 2020Posted inIssue 5, Regulatory