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…
Posted 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…
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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…
Posted inIssue 5, Regulatory
Posted inClinical Negligence Costs Court of Protection Inquests Issue 5 Personal injury Procedural Public Quantum Regulatory

In Brief – May 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020. M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead…
Posted inClinical Negligence, Costs, Court of Protection, Inquests, Issue 5, Personal injury, Procedural, Public, Quantum, RegulatoryTags:
Posted inAbuse / Child Abuse Clinical Negligence Costs Court of Protection Inquests Issue 4 Procedural Quantum Regulatory

In Brief – March 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 4, March 2020. Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1 – Privy Council decision considering whether…
Posted inAbuse / Child Abuse, Clinical Negligence, Costs, Court of Protection, Inquests, Issue 4, Procedural, Quantum, RegulatoryTags:
Posted inIssue 3 Regulatory

Dishonesty – Serious Professional Misconduct

Collen Nkomo v General Medical Council [2019] EWHC 2625 (Admin)  This article originally appeared in Issue 3 (November 2019). The High Court dismissed an appeal of a locum general practitioner against the decision of the Medical Practitioners Tribunal (“the Tribunal”) erasing his name from the register of medical practitioners.  Background …
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Posted inIssue 3 Regulatory

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…
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Posted inIssue 2 Regulatory

Disciplinary Proceedings and Serious Procedural Irregularities

Beard v General Osteopathic Council [2019] EWHC 1561 (Admin)  This article originally appeared in Issue 2 (July 2019). This was an appeal by the registrant osteopath against the GOC’s Professional Conduct Committee (PCC’s) decision to impose conditions on her registration. Her real complaint on appeal was that the hearing of…
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Posted inClinical Negligence Costs Court of Protection Inquests Issue 2 Procedural Public Quantum Regulatory

In Brief – July 2019

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 2, July 2019. ARB v IVF Hammersmith Limited [2018] EWCA Civ 2803 - On 17 July 2019, the Supreme Court refused to grant permission…
Posted inClinical Negligence, Costs, Court of Protection, Inquests, Issue 2, Procedural, Public, Quantum, RegulatoryTags: