Training & Knowledge: May 2017

17th May 2017Newsletters

Thefaut v Johnston [2017] EWHC 497:

A recent Supreme Court decision cements the move towards a high threshold for patient consent, and the demand for an involved and highly personalised approach by the professional securing it.  The facts The Claimant suffered serious and constant pain in her back and leg after undergoing a discectomy performed by the Defendant. The surgery was […]

17th May 2017Newsletters

Lack of integrity in disciplinary proceedings: two recent conflicting authorities

In recent months two High Court Judges, in cases coincidentally involving appeals from the Solicitors’ Disciplinary Tribunal, have considered the concept of “lack of integrity” and its relationship to dishonesty. Mostyn J in Malins v SRA [2017] EWHC 835 (Admin) concluded that lack of integrity was synonymous with dishonesty. However, the previous month Morris J […]

17th May 2017Newsletters

General Medical Council v Chopra [2017] EWHC 819 (Admin)

 Another MPTS Tribunal failed to pay proper regard to proportionality The MPTS had earlier imposed interim conditions on Dr Chopra. Shortly before this order was due to be considered by the High Court for an extension, the GMC sought for an early review and asked the Tribunal to impose an interim suspension order. Additional concerns […]

17th May 2017Newsletters

A Scottish twist to Enemuwe

Another appeal looks at the appropriateness of admitting in evidence previous disciplinary reports or conclusions The recent appeal of Tordoka Georgiva v NMC Scotland [2017] SC EDIN 12 revisits the vexed issue: when may a regulator rely on the disciplinary report of another body? You would be forgiven for thinking this issue was settled by […]

17th May 2017Newsletters

When is “misconduct” a sanction?

In the context of teaching regulation, a finding of misconduct may in itself be sanction enough The stigma of a published finding against a teacher of unacceptable professional conduct or conduct which may bring the profession into disrepute (“misconduct”) is a sanction, and can be sufficient such that nothing further is required. That was the […]

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