Training & Knowledge: February 2018

27th Feb 2018Newsletters

PSA v NMC and X [2018] EWHC 70 (Admin)

The NMC made a successful application to drop an allegation at the start of the substantive hearing. It did so prior to opening the case or presenting any evidence – essentially presenting the panel with a fait accompli. On an appeal from the Professional Standards Authority (“PSA”), the court savaged the NMC cavalier approach both […]

27th Feb 2018Newsletters

R (Clinton) v General Medical Council [2017] EWHC 3304 (Admin)

In the absence of demonstrable prejudice to the registrant, an abuse of process argument will be difficult to sustain. C was the subject of fitness to practise proceedings in relation to complaints made by female patients that he had conducted physical examinations without clinical reason. Like allegations had been brought some time previously and were […]

27th Feb 2018Newsletters

Bye-bye Bijl

The recent case of GMC v Bawa -Garba [2018] EWHC 76 (Admin) could well be taking us all back to the bad old days when the thirst for punitive sanctions outweighed any other more nuanced assessment of the public interest. The case is a sad one. A child was admitted to hospital, initially misdiagnosed and […]

27th Feb 2018Newsletters

Racial Discrimination by a Regulator: O’Connor v Bar Standards Board, 2017

The question of racial discrimination by a regulatory body was indirectly brought before the Supreme Court in O’Connor v Bar Standards Board, 2017 UKSC 78. The context The Bar Standard Board (‘BSB’) Complaints Committee had brought six professional misconduct charges against the appellant barrister, Ms. O’Connor. On appeal it was found that none of the […]

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