Training & Knowledge: May 2021

26th May 2021Newsletters

Deceptively simple – or simply deceptive? The dangers of over-complicating misconduct allegations – and over-simplifying reasons

Chief Constable Nottinghamshire Police v Police Appeals Tribunal ((Police Sergeant Jonathan Flint Interested Party) [2021] EWHC 1248 (Admin)   Introduction On 12 May the Administrative Court handed down judgment in The Chief Constable of Nottinghamshire Police v Police Appeals Tribunal. As I had done below at the Police Appeals Tribunal (“PAT”), and throughout the original […]

26th May 2021Newsletters

Denials, insight and sanction – the effect of denials on sanction

In Haydar Al Nageim v GMC [2021] EWHC 877 (Admin) the High Court visited, for the fourth time in under a year, what the effect should be on sanction if a registrant denies the facts of the charges and is disbelieved. It seems that the position may now have stabilised, and that the debate in […]

26th May 2021Newsletters

Assessing credibility and the limits of demeanour – Khan v GMC [2021] EWHC 374 (Admin)

Last year in Dutta v GMC [2020] EWHC 1974 (Admin), Warby J found the Tribunal’s reasoning contained at least three fundamental errors. First, the Tribunal had approached the resolution of the central factual dispute by starting with an assessment of the credibility of a witness’s uncorroborated evidence about events ten years earlier, and only then […]

26th May 2021Newsletters

Factual findings made by the criminal court: Achina v General Pharmaceutical Council [2021] EWHC 415 (Admin)

Cases involving a criminal conviction are superficially straightforward, but the process of admitting the fact of the conviction and skipping blithely on to misconduct/impairment can result in uncertainty as to the factual matrix. In Achina v General Pharmaceutical Council [2021] EWHC 415 (Admin), Lane J considered a case where the registrant had been convicted of […]